Illinois 2025-2026 Regular Session

Illinois House Bill HB1594 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1594 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-102775 ILCS 5/5-102.3 new Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to take certain employment-related actions on the basis of an individual's weight and size. Provides that it is a civil rights violation for the owner, lessee, proprietor, manager, superintendent, agent, or employee of a place of public accommodation, because of the weight and size of any person, directly or indirectly, to refuse, withhold from, or deny to any individual any of the accommodations, advantages, facilities, or privileges of the place of public accommodation. LRB104 06954 JRC 16991 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1594 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-102775 ILCS 5/5-102.3 new 775 ILCS 5/2-102 775 ILCS 5/5-102.3 new Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to take certain employment-related actions on the basis of an individual's weight and size. Provides that it is a civil rights violation for the owner, lessee, proprietor, manager, superintendent, agent, or employee of a place of public accommodation, because of the weight and size of any person, directly or indirectly, to refuse, withhold from, or deny to any individual any of the accommodations, advantages, facilities, or privileges of the place of public accommodation. LRB104 06954 JRC 16991 b LRB104 06954 JRC 16991 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1594 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
3	3	775 ILCS 5/2-102775 ILCS 5/5-102.3 new 775 ILCS 5/2-102 775 ILCS 5/5-102.3 new
4	4	775 ILCS 5/2-102
5	5	775 ILCS 5/5-102.3 new
6	6	Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to take certain employment-related actions on the basis of an individual's weight and size. Provides that it is a civil rights violation for the owner, lessee, proprietor, manager, superintendent, agent, or employee of a place of public accommodation, because of the weight and size of any person, directly or indirectly, to refuse, withhold from, or deny to any individual any of the accommodations, advantages, facilities, or privileges of the place of public accommodation.
7	7	LRB104 06954 JRC 16991 b LRB104 06954 JRC 16991 b
8	8	LRB104 06954 JRC 16991 b
9	9	A BILL FOR
10	10	HB1594LRB104 06954 JRC 16991 b HB1594 LRB104 06954 JRC 16991 b
11	11	HB1594 LRB104 06954 JRC 16991 b
12	12	1 AN ACT concerning human rights.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Human Rights Act is amended by
16	16	5 changing Sections 2-102 and by adding Section 5-102.3 as
17	17	6 follows:
18	18	7 (775 ILCS 5/2-102)
19	19	8 (Text of Section before amendment by P.A. 103-804)
20	20	9 Sec. 2-102. Civil rights violations; employment violations -
21	21	10 employment. It is a civil rights violation:
22	22	11 (A) Employers. For any employer to refuse to hire, to
23	23	12 segregate, to engage in harassment as defined in
24	24	13 subsection (E-1) of Section 2-101, or to act with respect
25	25	14 to recruitment, hiring, promotion, renewal of employment,
26	26	15 selection for training or apprenticeship, discharge,
27	27	16 discipline, tenure or terms, privileges or conditions of
28	28	17 employment on the basis of unlawful discrimination,
29	29	18 citizenship status, work authorization status, or family
30	30	19 responsibilities. An employer is responsible for
31	31	20 harassment by the employer's nonmanagerial and
32	32	21 nonsupervisory employees only if the employer becomes
33	33	22 aware of the conduct and fails to take reasonable
34	34	23 corrective measures.
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1594 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
39	39	775 ILCS 5/2-102775 ILCS 5/5-102.3 new 775 ILCS 5/2-102 775 ILCS 5/5-102.3 new
40	40	775 ILCS 5/2-102
41	41	775 ILCS 5/5-102.3 new
42	42	Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer, employment agency, or labor organization to take certain employment-related actions on the basis of an individual's weight and size. Provides that it is a civil rights violation for the owner, lessee, proprietor, manager, superintendent, agent, or employee of a place of public accommodation, because of the weight and size of any person, directly or indirectly, to refuse, withhold from, or deny to any individual any of the accommodations, advantages, facilities, or privileges of the place of public accommodation.
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45	45	A BILL FOR
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52	52	775 ILCS 5/5-102.3 new
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71	71	1 (A-5) Language. For an employer to impose a
72	72	2 restriction that has the effect of prohibiting a language
73	73	3 from being spoken by an employee in communications that
74	74	4 are unrelated to the employee's duties.
75	75	5 For the purposes of this subdivision (A-5), "language"
76	76	6 means a person's native tongue, such as Polish, Spanish,
77	77	7 or Chinese. "Language" does not include such things as
78	78	8 slang, jargon, profanity, or vulgarity.
79	79	9 (A-10) Harassment of nonemployees. For any employer,
80	80	10 employment agency, or labor organization to engage in
81	81	11 harassment of nonemployees in the workplace. An employer
82	82	12 is responsible for harassment of nonemployees by the
83	83	13 employer's nonmanagerial and nonsupervisory employees only
84	84	14 if the employer becomes aware of the conduct and fails to
85	85	15 take reasonable corrective measures. For the purposes of
86	86	16 this subdivision (A-10), "nonemployee" means a person who
87	87	17 is not otherwise an employee of the employer and is
88	88	18 directly performing services for the employer pursuant to
89	89	19 a contract with that employer. "Nonemployee" includes
90	90	20 contractors and consultants. This subdivision applies to
91	91	21 harassment occurring on or after January 1, 2020 (the
92	92	22 effective date of Public Act 101-221) this amendatory Act
93	93	23 of the 101st General Assembly.
94	94	24 (B) Employment agency. For any employment agency to
95	95	25 fail or refuse to classify properly, accept applications
96	96	26 and register for employment referral or apprenticeship
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107	107	1 referral, refer for employment, or refer for
108	108	2 apprenticeship on the basis of unlawful discrimination,
109	109	3 citizenship status, work authorization status, or family
110	110	4 responsibilities or to accept from any person any job
111	111	5 order, requisition or request for referral of applicants
112	112	6 for employment or apprenticeship which makes or has the
113	113	7 effect of making unlawful discrimination or discrimination
114	114	8 on the basis of citizenship status, work authorization
115	115	9 status, or family responsibilities a condition of
116	116	10 referral.
117	117	11 (C) Labor organization. For any labor organization to
118	118	12 limit, segregate or classify its membership, or to limit
119	119	13 employment opportunities, selection and training for
120	120	14 apprenticeship in any trade or craft, or otherwise to
121	121	15 take, or fail to take, any action which affects adversely
122	122	16 any person's status as an employee or as an applicant for
123	123	17 employment or as an apprentice, or as an applicant for
124	124	18 apprenticeships, or wages, tenure, hours of employment or
125	125	19 apprenticeship conditions on the basis of unlawful
126	126	20 discrimination, citizenship status, work authorization
127	127	21 status, or family responsibilities.
128	128	22 (D) Sexual harassment. For any employer, employee,
129	129	23 agent of any employer, employment agency or labor
130	130	24 organization to engage in sexual harassment; provided,
131	131	25 that an employer shall be responsible for sexual
132	132	26 harassment of the employer's employees by nonemployees or
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143	143	1 nonmanagerial and nonsupervisory employees only if the
144	144	2 employer becomes aware of the conduct and fails to take
145	145	3 reasonable corrective measures.
146	146	4 (D-5) Sexual harassment of nonemployees. For any
147	147	5 employer, employee, agent of any employer, employment
148	148	6 agency, or labor organization to engage in sexual
149	149	7 harassment of nonemployees in the workplace. An employer
150	150	8 is responsible for sexual harassment of nonemployees by
151	151	9 the employer's nonmanagerial and nonsupervisory employees
152	152	10 only if the employer becomes aware of the conduct and
153	153	11 fails to take reasonable corrective measures. For the
154	154	12 purposes of this subdivision (D-5), "nonemployee" means a
155	155	13 person who is not otherwise an employee of the employer
156	156	14 and is directly performing services for the employer
157	157	15 pursuant to a contract with that employer. "Nonemployee"
158	158	16 includes contractors and consultants. This subdivision
159	159	17 applies to sexual harassment occurring on or after January
160	160	18 1, 2020 (the effective date of Public Act 101-221) this
161	161	19 amendatory Act of the 101st General Assembly.
162	162	20 (E) Public employers. For any public employer to
163	163	21 refuse to permit a public employee under its jurisdiction
164	164	22 who takes time off from work in order to practice his or
165	165	23 her religious beliefs to engage in work, during hours
166	166	24 other than such employee's regular working hours,
167	167	25 consistent with the operational needs of the employer and
168	168	26 in order to compensate for work time lost for such
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179	179	1 religious reasons. Any employee who elects such deferred
180	180	2 work shall be compensated at the wage rate which he or she
181	181	3 would have earned during the originally scheduled work
182	182	4 period. The employer may require that an employee who
183	183	5 plans to take time off from work in order to practice his
184	184	6 or her religious beliefs provide the employer with a
185	185	7 notice of his or her intention to be absent from work not
186	186	8 exceeding 5 days prior to the date of absence.
187	187	9 (E-5) Religious discrimination. For any employer to
188	188	10 impose upon a person as a condition of obtaining or
189	189	11 retaining employment, including opportunities for
190	190	12 promotion, advancement, or transfer, any terms or
191	191	13 conditions that would require such person to violate or
192	192	14 forgo a sincerely held practice of his or her religion
193	193	15 including, but not limited to, the wearing of any attire,
194	194	16 clothing, or facial hair in accordance with the
195	195	17 requirements of his or her religion, unless, after
196	196	18 engaging in a bona fide effort, the employer demonstrates
197	197	19 that it is unable to reasonably accommodate the employee's
198	198	20 or prospective employee's sincerely held religious belief,
199	199	21 practice, or observance without undue hardship on the
200	200	22 conduct of the employer's business.
201	201	23 Nothing in this Section prohibits an employer from
202	202	24 enacting a dress code or grooming policy that may include
203	203	25 restrictions on attire, clothing, or facial hair to
204	204	26 maintain workplace safety or food sanitation.
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215	215	1 (F) Training and apprenticeship programs. For any
216	216	2 employer, employment agency or labor organization to
217	217	3 discriminate against a person on the basis of age in the
218	218	4 selection, referral for or conduct of apprenticeship or
219	219	5 training programs.
220	220	6 (G) Immigration-related practices.
221	221	7 (1) for an employer to request for purposes of
222	222	8 satisfying the requirements of Section 1324a(b) of
223	223	9 Title 8 of the United States Code, as now or hereafter
224	224	10 amended, more or different documents than are required
225	225	11 under such Section or to refuse to honor documents
226	226	12 tendered that on their face reasonably appear to be
227	227	13 genuine or to refuse to honor work authorization based
228	228	14 upon the specific status or term of status that
229	229	15 accompanies the authorization to work; or
230	230	16 (2) for an employer participating in the E-Verify
231	231	17 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
232	232	18 Programs for Employment Eligibility Confirmation
233	233	19 (enacted by PL 104-208, div. C title IV, subtitle A) to
234	234	20 refuse to hire, to segregate, or to act with respect to
235	235	21 recruitment, hiring, promotion, renewal of employment,
236	236	22 selection for training or apprenticeship, discharge,
237	237	23 discipline, tenure or terms, privileges or conditions
238	238	24 of employment without following the procedures under
239	239	25 the E-Verify Program.
240	240	26 (H) (Blank).
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251	251	1 (H-5) Weight and size.
252	252	2 (1) For an employer or licensing agency, on the
253	253	3 basis of an individual's weight and size, to refuse to
254	254	4 hire or employ the individual, to bar or discharge the
255	255	5 individual from employment, or to discriminate against
256	256	6 the individual in compensation or in terms,
257	257	7 conditions, or privileges of employment.
258	258	8 (2) For an employment agency, on the basis of an
259	259	9 individual's weight and size, to discriminate in
260	260	10 receiving, classifying, disposing, or otherwise acting
261	261	11 upon an application for the employment agency's
262	262	12 services or in referring an individual to an employer.
263	263	13 (3) For a labor organization, on the basis of an
264	264	14 individual's weight and size, to exclude an
265	265	15 individual, to expel an individual from its
266	266	16 membership, or to discriminate in any way against any
267	267	17 of its members or against any employer or any
268	268	18 individual employed by an employer.
269	269	19 (4) For any employer or employment agency to print
270	270	20 or circulate, or cause to be printed or circulated,
271	271	21 any statement, advertisement, or publication, or to
272	272	22 use any form of application for employment or to make
273	273	23 any inquiry in connection with prospective employment
274	274	24 which expresses, directly or indirectly, any
275	275	25 limitation, specification, or discrimination as to
276	276	26 weight and size, or any intent to make a weight and
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287	287	1 size limitation, specification, or discrimination,
288	288	2 unless based upon a bona fide occupational
289	289	3 qualification.
290	290	4 (I) Pregnancy. For an employer to refuse to hire, to
291	291	5 segregate, or to act with respect to recruitment, hiring,
292	292	6 promotion, renewal of employment, selection for training
293	293	7 or apprenticeship, discharge, discipline, tenure or terms,
294	294	8 privileges or conditions of employment on the basis of
295	295	9 pregnancy, childbirth, or medical or common conditions
296	296	10 related to pregnancy or childbirth. Women affected by
297	297	11 pregnancy, childbirth, or medical or common conditions
298	298	12 related to pregnancy or childbirth shall be treated the
299	299	13 same for all employment-related purposes, including
300	300	14 receipt of benefits under fringe benefit programs, as
301	301	15 other persons not so affected but similar in their ability
302	302	16 or inability to work, regardless of the source of the
303	303	17 inability to work or employment classification or status.
304	304	18 (J) Pregnancy; reasonable accommodations.
305	305	19 (1) If after a job applicant or employee,
306	306	20 including a part-time, full-time, or probationary
307	307	21 employee, requests a reasonable accommodation, for an
308	308	22 employer to not make reasonable accommodations for any
309	309	23 medical or common condition of a job applicant or
310	310	24 employee related to pregnancy or childbirth, unless
311	311	25 the employer can demonstrate that the accommodation
312	312	26 would impose an undue hardship on the ordinary
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323	323	1 operation of the business of the employer. The
324	324	2 employer may request documentation from the employee's
325	325	3 health care provider concerning the need for the
326	326	4 requested reasonable accommodation or accommodations
327	327	5 to the same extent documentation is requested for
328	328	6 conditions related to disability if the employer's
329	329	7 request for documentation is job-related and
330	330	8 consistent with business necessity. The employer may
331	331	9 require only the medical justification for the
332	332	10 requested accommodation or accommodations, a
333	333	11 description of the reasonable accommodation or
334	334	12 accommodations medically advisable, the date the
335	335	13 reasonable accommodation or accommodations became
336	336	14 medically advisable, and the probable duration of the
337	337	15 reasonable accommodation or accommodations. It is the
338	338	16 duty of the individual seeking a reasonable
339	339	17 accommodation or accommodations to submit to the
340	340	18 employer any documentation that is requested in
341	341	19 accordance with this paragraph. Notwithstanding the
342	342	20 provisions of this paragraph, the employer may require
343	343	21 documentation by the employee's health care provider
344	344	22 to determine compliance with other laws. The employee
345	345	23 and employer shall engage in a timely, good faith, and
346	346	24 meaningful exchange to determine effective reasonable
347	347	25 accommodations.
348	348	26 (2) For an employer to deny employment
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359	359	1 opportunities or benefits to or take adverse action
360	360	2 against an otherwise qualified job applicant or
361	361	3 employee, including a part-time, full-time, or
362	362	4 probationary employee, if the denial or adverse action
363	363	5 is based on the need of the employer to make reasonable
364	364	6 accommodations to the known medical or common
365	365	7 conditions related to the pregnancy or childbirth of
366	366	8 the applicant or employee.
367	367	9 (3) For an employer to require a job applicant or
368	368	10 employee, including a part-time, full-time, or
369	369	11 probationary employee, affected by pregnancy,
370	370	12 childbirth, or medical or common conditions related to
371	371	13 pregnancy or childbirth to accept an accommodation
372	372	14 when the applicant or employee did not request an
373	373	15 accommodation and the applicant or employee chooses
374	374	16 not to accept the employer's accommodation.
375	375	17 (4) For an employer to require an employee,
376	376	18 including a part-time, full-time, or probationary
377	377	19 employee, to take leave under any leave law or policy
378	378	20 of the employer if another reasonable accommodation
379	379	21 can be provided to the known medical or common
380	380	22 conditions related to the pregnancy or childbirth of
381	381	23 an employee. No employer shall fail or refuse to
382	382	24 reinstate the employee affected by pregnancy,
383	383	25 childbirth, or medical or common conditions related to
384	384	26 pregnancy or childbirth to her original job or to an
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395	395	1 equivalent position with equivalent pay and
396	396	2 accumulated seniority, retirement, fringe benefits,
397	397	3 and other applicable service credits upon her
398	398	4 signifying her intent to return or when her need for
399	399	5 reasonable accommodation ceases, unless the employer
400	400	6 can demonstrate that the accommodation would impose an
401	401	7 undue hardship on the ordinary operation of the
402	402	8 business of the employer.
403	403	9 For the purposes of this subdivision (J), "reasonable
404	404	10 accommodations" means reasonable modifications or
405	405	11 adjustments to the job application process or work
406	406	12 environment, or to the manner or circumstances under which
407	407	13 the position desired or held is customarily performed,
408	408	14 that enable an applicant or employee affected by
409	409	15 pregnancy, childbirth, or medical or common conditions
410	410	16 related to pregnancy or childbirth to be considered for
411	411	17 the position the applicant desires or to perform the
412	412	18 essential functions of that position, and may include, but
413	413	19 is not limited to: more frequent or longer bathroom
414	414	20 breaks, breaks for increased water intake, and breaks for
415	415	21 periodic rest; private non-bathroom space for expressing
416	416	22 breast milk and breastfeeding; seating; assistance with
417	417	23 manual labor; light duty; temporary transfer to a less
418	418	24 strenuous or hazardous position; the provision of an
419	419	25 accessible worksite; acquisition or modification of
420	420	26 equipment; job restructuring; a part-time or modified work
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431	431	1 schedule; appropriate adjustment or modifications of
432	432	2 examinations, training materials, or policies;
433	433	3 reassignment to a vacant position; time off to recover
434	434	4 from conditions related to childbirth; and leave
435	435	5 necessitated by pregnancy, childbirth, or medical or
436	436	6 common conditions resulting from pregnancy or childbirth.
437	437	7 For the purposes of this subdivision (J), "undue
438	438	8 hardship" means an action that is prohibitively expensive
439	439	9 or disruptive when considered in light of the following
440	440	10 factors: (i) the nature and cost of the accommodation
441	441	11 needed; (ii) the overall financial resources of the
442	442	12 facility or facilities involved in the provision of the
443	443	13 reasonable accommodation, the number of persons employed
444	444	14 at the facility, the effect on expenses and resources, or
445	445	15 the impact otherwise of the accommodation upon the
446	446	16 operation of the facility; (iii) the overall financial
447	447	17 resources of the employer, the overall size of the
448	448	18 business of the employer with respect to the number of its
449	449	19 employees, and the number, type, and location of its
450	450	20 facilities; and (iv) the type of operation or operations
451	451	21 of the employer, including the composition, structure, and
452	452	22 functions of the workforce of the employer, the geographic
453	453	23 separateness, administrative, or fiscal relationship of
454	454	24 the facility or facilities in question to the employer.
455	455	25 The employer has the burden of proving undue hardship. The
456	456	26 fact that the employer provides or would be required to
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467	467	1 provide a similar accommodation to similarly situated
468	468	2 employees creates a rebuttable presumption that the
469	469	3 accommodation does not impose an undue hardship on the
470	470	4 employer.
471	471	5 No employer is required by this subdivision (J) to
472	472	6 create additional employment that the employer would not
473	473	7 otherwise have created, unless the employer does so or
474	474	8 would do so for other classes of employees who need
475	475	9 accommodation. The employer is not required to discharge
476	476	10 any employee, transfer any employee with more seniority,
477	477	11 or promote any employee who is not qualified to perform
478	478	12 the job, unless the employer does so or would do so to
479	479	13 accommodate other classes of employees who need it.
480	480	14 (K) Notice.
481	481	15 (1) For an employer to fail to post or keep posted
482	482	16 in a conspicuous location on the premises of the
483	483	17 employer where notices to employees are customarily
484	484	18 posted, or fail to include in any employee handbook
485	485	19 information concerning an employee's rights under this
486	486	20 Article, a notice, to be prepared or approved by the
487	487	21 Department, summarizing the requirements of this
488	488	22 Article and information pertaining to the filing of a
489	489	23 charge, including the right to be free from unlawful
490	490	24 discrimination, the right to be free from sexual
491	491	25 harassment, and the right to certain reasonable
492	492	26 accommodations. The Department shall make the
493	493
494	494
495	495
496	496
497	497
498	498	HB1594 - 13 - LRB104 06954 JRC 16991 b
499	499
500	500
501	501	HB1594- 14 -LRB104 06954 JRC 16991 b HB1594 - 14 - LRB104 06954 JRC 16991 b
502	502	HB1594 - 14 - LRB104 06954 JRC 16991 b
503	503	1 documents required under this paragraph available for
504	504	2 retrieval from the Department's website.
505	505	3 (2) Upon notification of a violation of paragraph
506	506	4 (1) of this subdivision (K), the Department may launch
507	507	5 a preliminary investigation. If the Department finds a
508	508	6 violation, the Department may issue a notice to show
509	509	7 cause giving the employer 30 days to correct the
510	510	8 violation. If the violation is not corrected, the
511	511	9 Department may initiate a charge of a civil rights
512	512	10 violation.
513	513	11 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
514	514	12 revised 10-7-24.)
515	515	13 (Text of Section after amendment by P.A. 103-804)
516	516	14 Sec. 2-102. Civil rights violations; employment violations -
517	517	15 employment. It is a civil rights violation:
518	518	16 (A) Employers. For any employer to refuse to hire, to
519	519	17 segregate, to engage in harassment as defined in
520	520	18 subsection (E-1) of Section 2-101, or to act with respect
521	521	19 to recruitment, hiring, promotion, renewal of employment,
522	522	20 selection for training or apprenticeship, discharge,
523	523	21 discipline, tenure or terms, privileges or conditions of
524	524	22 employment on the basis of unlawful discrimination,
525	525	23 citizenship status, work authorization status, or family
526	526	24 responsibilities. An employer is responsible for
527	527	25 harassment by the employer's nonmanagerial and
528	528
529	529
530	530
531	531
532	532
533	533	HB1594 - 14 - LRB104 06954 JRC 16991 b
534	534
535	535
536	536	HB1594- 15 -LRB104 06954 JRC 16991 b HB1594 - 15 - LRB104 06954 JRC 16991 b
537	537	HB1594 - 15 - LRB104 06954 JRC 16991 b
538	538	1 nonsupervisory employees only if the employer becomes
539	539	2 aware of the conduct and fails to take reasonable
540	540	3 corrective measures.
541	541	4 (A-5) Language. For an employer to impose a
542	542	5 restriction that has the effect of prohibiting a language
543	543	6 from being spoken by an employee in communications that
544	544	7 are unrelated to the employee's duties.
545	545	8 For the purposes of this subdivision (A-5), "language"
546	546	9 means a person's native tongue, such as Polish, Spanish,
547	547	10 or Chinese. "Language" does not include such things as
548	548	11 slang, jargon, profanity, or vulgarity.
549	549	12 (A-10) Harassment of nonemployees. For any employer,
550	550	13 employment agency, or labor organization to engage in
551	551	14 harassment of nonemployees in the workplace. An employer
552	552	15 is responsible for harassment of nonemployees by the
553	553	16 employer's nonmanagerial and nonsupervisory employees only
554	554	17 if the employer becomes aware of the conduct and fails to
555	555	18 take reasonable corrective measures. For the purposes of
556	556	19 this subdivision (A-10), "nonemployee" means a person who
557	557	20 is not otherwise an employee of the employer and is
558	558	21 directly performing services for the employer pursuant to
559	559	22 a contract with that employer. "Nonemployee" includes
560	560	23 contractors and consultants. This subdivision applies to
561	561	24 harassment occurring on or after January 1, 2020 (the
562	562	25 effective date of Public Act 101-221) this amendatory Act
563	563	26 of the 101st General Assembly.
564	564
565	565
566	566
567	567
568	568
569	569	HB1594 - 15 - LRB104 06954 JRC 16991 b
570	570
571	571
572	572	HB1594- 16 -LRB104 06954 JRC 16991 b HB1594 - 16 - LRB104 06954 JRC 16991 b
573	573	HB1594 - 16 - LRB104 06954 JRC 16991 b
574	574	1 (B) Employment agency. For any employment agency to
575	575	2 fail or refuse to classify properly, accept applications
576	576	3 and register for employment referral or apprenticeship
577	577	4 referral, refer for employment, or refer for
578	578	5 apprenticeship on the basis of unlawful discrimination,
579	579	6 citizenship status, work authorization status, or family
580	580	7 responsibilities or to accept from any person any job
581	581	8 order, requisition or request for referral of applicants
582	582	9 for employment or apprenticeship which makes or has the
583	583	10 effect of making unlawful discrimination or discrimination
584	584	11 on the basis of citizenship status, work authorization
585	585	12 status, or family responsibilities a condition of
586	586	13 referral.
587	587	14 (C) Labor organization. For any labor organization to
588	588	15 limit, segregate or classify its membership, or to limit
589	589	16 employment opportunities, selection and training for
590	590	17 apprenticeship in any trade or craft, or otherwise to
591	591	18 take, or fail to take, any action which affects adversely
592	592	19 any person's status as an employee or as an applicant for
593	593	20 employment or as an apprentice, or as an applicant for
594	594	21 apprenticeships, or wages, tenure, hours of employment or
595	595	22 apprenticeship conditions on the basis of unlawful
596	596	23 discrimination, citizenship status, work authorization
597	597	24 status, or family responsibilities.
598	598	25 (D) Sexual harassment. For any employer, employee,
599	599	26 agent of any employer, employment agency or labor
600	600
601	601
602	602
603	603
604	604
605	605	HB1594 - 16 - LRB104 06954 JRC 16991 b
606	606
607	607
608	608	HB1594- 17 -LRB104 06954 JRC 16991 b HB1594 - 17 - LRB104 06954 JRC 16991 b
609	609	HB1594 - 17 - LRB104 06954 JRC 16991 b
610	610	1 organization to engage in sexual harassment; provided,
611	611	2 that an employer shall be responsible for sexual
612	612	3 harassment of the employer's employees by nonemployees or
613	613	4 nonmanagerial and nonsupervisory employees only if the
614	614	5 employer becomes aware of the conduct and fails to take
615	615	6 reasonable corrective measures.
616	616	7 (D-5) Sexual harassment of nonemployees. For any
617	617	8 employer, employee, agent of any employer, employment
618	618	9 agency, or labor organization to engage in sexual
619	619	10 harassment of nonemployees in the workplace. An employer
620	620	11 is responsible for sexual harassment of nonemployees by
621	621	12 the employer's nonmanagerial and nonsupervisory employees
622	622	13 only if the employer becomes aware of the conduct and
623	623	14 fails to take reasonable corrective measures. For the
624	624	15 purposes of this subdivision (D-5), "nonemployee" means a
625	625	16 person who is not otherwise an employee of the employer
626	626	17 and is directly performing services for the employer
627	627	18 pursuant to a contract with that employer. "Nonemployee"
628	628	19 includes contractors and consultants. This subdivision
629	629	20 applies to sexual harassment occurring on or after January
630	630	21 1, 2020 (the effective date of Public Act 101-221) this
631	631	22 amendatory Act of the 101st General Assembly.
632	632	23 (E) Public employers. For any public employer to
633	633	24 refuse to permit a public employee under its jurisdiction
634	634	25 who takes time off from work in order to practice his or
635	635	26 her religious beliefs to engage in work, during hours
636	636
637	637
638	638
639	639
640	640
641	641	HB1594 - 17 - LRB104 06954 JRC 16991 b
642	642
643	643
644	644	HB1594- 18 -LRB104 06954 JRC 16991 b HB1594 - 18 - LRB104 06954 JRC 16991 b
645	645	HB1594 - 18 - LRB104 06954 JRC 16991 b
646	646	1 other than such employee's regular working hours,
647	647	2 consistent with the operational needs of the employer and
648	648	3 in order to compensate for work time lost for such
649	649	4 religious reasons. Any employee who elects such deferred
650	650	5 work shall be compensated at the wage rate which he or she
651	651	6 would have earned during the originally scheduled work
652	652	7 period. The employer may require that an employee who
653	653	8 plans to take time off from work in order to practice his
654	654	9 or her religious beliefs provide the employer with a
655	655	10 notice of his or her intention to be absent from work not
656	656	11 exceeding 5 days prior to the date of absence.
657	657	12 (E-5) Religious discrimination. For any employer to
658	658	13 impose upon a person as a condition of obtaining or
659	659	14 retaining employment, including opportunities for
660	660	15 promotion, advancement, or transfer, any terms or
661	661	16 conditions that would require such person to violate or
662	662	17 forgo a sincerely held practice of his or her religion
663	663	18 including, but not limited to, the wearing of any attire,
664	664	19 clothing, or facial hair in accordance with the
665	665	20 requirements of his or her religion, unless, after
666	666	21 engaging in a bona fide effort, the employer demonstrates
667	667	22 that it is unable to reasonably accommodate the employee's
668	668	23 or prospective employee's sincerely held religious belief,
669	669	24 practice, or observance without undue hardship on the
670	670	25 conduct of the employer's business.
671	671	26 Nothing in this Section prohibits an employer from
672	672
673	673
674	674
675	675
676	676
677	677	HB1594 - 18 - LRB104 06954 JRC 16991 b
678	678
679	679
680	680	HB1594- 19 -LRB104 06954 JRC 16991 b HB1594 - 19 - LRB104 06954 JRC 16991 b
681	681	HB1594 - 19 - LRB104 06954 JRC 16991 b
682	682	1 enacting a dress code or grooming policy that may include
683	683	2 restrictions on attire, clothing, or facial hair to
684	684	3 maintain workplace safety or food sanitation.
685	685	4 (F) Training and apprenticeship programs. For any
686	686	5 employer, employment agency or labor organization to
687	687	6 discriminate against a person on the basis of age in the
688	688	7 selection, referral for or conduct of apprenticeship or
689	689	8 training programs.
690	690	9 (G) Immigration-related practices.
691	691	10 (1) for an employer to request for purposes of
692	692	11 satisfying the requirements of Section 1324a(b) of
693	693	12 Title 8 of the United States Code, as now or hereafter
694	694	13 amended, more or different documents than are required
695	695	14 under such Section or to refuse to honor documents
696	696	15 tendered that on their face reasonably appear to be
697	697	16 genuine or to refuse to honor work authorization based
698	698	17 upon the specific status or term of status that
699	699	18 accompanies the authorization to work; or
700	700	19 (2) for an employer participating in the E-Verify
701	701	20 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
702	702	21 Programs for Employment Eligibility Confirmation
703	703	22 (enacted by PL 104-208, div. C title IV, subtitle A) to
704	704	23 refuse to hire, to segregate, or to act with respect to
705	705	24 recruitment, hiring, promotion, renewal of employment,
706	706	25 selection for training or apprenticeship, discharge,
707	707	26 discipline, tenure or terms, privileges or conditions
708	708
709	709
710	710
711	711
712	712
713	713	HB1594 - 19 - LRB104 06954 JRC 16991 b
714	714
715	715
716	716	HB1594- 20 -LRB104 06954 JRC 16991 b HB1594 - 20 - LRB104 06954 JRC 16991 b
717	717	HB1594 - 20 - LRB104 06954 JRC 16991 b
718	718	1 of employment without following the procedures under
719	719	2 the E-Verify Program.
720	720	3 (H) (Blank).
721	721	4 (H-5) Weight and size.
722	722	5 (1) For an employer or licensing agency, on the
723	723	6 basis of an individual's weight and size, to refuse to
724	724	7 hire or employ the individual, to bar or discharge the
725	725	8 individual from employment, or to discriminate against
726	726	9 the individual in compensation or in terms,
727	727	10 conditions, or privileges of employment.
728	728	11 (2) For an employment agency, on the basis of an
729	729	12 individual's weight and size, to discriminate in
730	730	13 receiving, classifying, disposing, or otherwise acting
731	731	14 upon an application for the employment agency's
732	732	15 services or in referring an individual to an employer.
733	733	16 (3) For a labor organization, on the basis of an
734	734	17 individual's weight and size, to exclude an
735	735	18 individual, to expel an individual from its
736	736	19 membership, or to discriminate in any way against any
737	737	20 of its members or against any employer or any
738	738	21 individual employed by an employer.
739	739	22 (4) For any employer or employment agency to print
740	740	23 or circulate, or cause to be printed or circulated,
741	741	24 any statement, advertisement, or publication, or to
742	742	25 use any form of application for employment or to make
743	743	26 any inquiry in connection with prospective employment
744	744
745	745
746	746
747	747
748	748
749	749	HB1594 - 20 - LRB104 06954 JRC 16991 b
750	750
751	751
752	752	HB1594- 21 -LRB104 06954 JRC 16991 b HB1594 - 21 - LRB104 06954 JRC 16991 b
753	753	HB1594 - 21 - LRB104 06954 JRC 16991 b
754	754	1 which expresses, directly or indirectly, any
755	755	2 limitation, specification, or discrimination as to
756	756	3 weight and size, or any intent to make a weight and
757	757	4 size limitation, specification, or discrimination,
758	758	5 unless based upon a bona fide occupational
759	759	6 qualification.
760	760	7 (I) Pregnancy. For an employer to refuse to hire, to
761	761	8 segregate, or to act with respect to recruitment, hiring,
762	762	9 promotion, renewal of employment, selection for training
763	763	10 or apprenticeship, discharge, discipline, tenure or terms,
764	764	11 privileges or conditions of employment on the basis of
765	765	12 pregnancy, childbirth, or medical or common conditions
766	766	13 related to pregnancy or childbirth. Women affected by
767	767	14 pregnancy, childbirth, or medical or common conditions
768	768	15 related to pregnancy or childbirth shall be treated the
769	769	16 same for all employment-related purposes, including
770	770	17 receipt of benefits under fringe benefit programs, as
771	771	18 other persons not so affected but similar in their ability
772	772	19 or inability to work, regardless of the source of the
773	773	20 inability to work or employment classification or status.
774	774	21 (J) Pregnancy; reasonable accommodations.
775	775	22 (1) If after a job applicant or employee,
776	776	23 including a part-time, full-time, or probationary
777	777	24 employee, requests a reasonable accommodation, for an
778	778	25 employer to not make reasonable accommodations for any
779	779	26 medical or common condition of a job applicant or
780	780
781	781
782	782
783	783
784	784
785	785	HB1594 - 21 - LRB104 06954 JRC 16991 b
786	786
787	787
788	788	HB1594- 22 -LRB104 06954 JRC 16991 b HB1594 - 22 - LRB104 06954 JRC 16991 b
789	789	HB1594 - 22 - LRB104 06954 JRC 16991 b
790	790	1 employee related to pregnancy or childbirth, unless
791	791	2 the employer can demonstrate that the accommodation
792	792	3 would impose an undue hardship on the ordinary
793	793	4 operation of the business of the employer. The
794	794	5 employer may request documentation from the employee's
795	795	6 health care provider concerning the need for the
796	796	7 requested reasonable accommodation or accommodations
797	797	8 to the same extent documentation is requested for
798	798	9 conditions related to disability if the employer's
799	799	10 request for documentation is job-related and
800	800	11 consistent with business necessity. The employer may
801	801	12 require only the medical justification for the
802	802	13 requested accommodation or accommodations, a
803	803	14 description of the reasonable accommodation or
804	804	15 accommodations medically advisable, the date the
805	805	16 reasonable accommodation or accommodations became
806	806	17 medically advisable, and the probable duration of the
807	807	18 reasonable accommodation or accommodations. It is the
808	808	19 duty of the individual seeking a reasonable
809	809	20 accommodation or accommodations to submit to the
810	810	21 employer any documentation that is requested in
811	811	22 accordance with this paragraph. Notwithstanding the
812	812	23 provisions of this paragraph, the employer may require
813	813	24 documentation by the employee's health care provider
814	814	25 to determine compliance with other laws. The employee
815	815	26 and employer shall engage in a timely, good faith, and
816	816
817	817
818	818
819	819
820	820
821	821	HB1594 - 22 - LRB104 06954 JRC 16991 b
822	822
823	823
824	824	HB1594- 23 -LRB104 06954 JRC 16991 b HB1594 - 23 - LRB104 06954 JRC 16991 b
825	825	HB1594 - 23 - LRB104 06954 JRC 16991 b
826	826	1 meaningful exchange to determine effective reasonable
827	827	2 accommodations.
828	828	3 (2) For an employer to deny employment
829	829	4 opportunities or benefits to or take adverse action
830	830	5 against an otherwise qualified job applicant or
831	831	6 employee, including a part-time, full-time, or
832	832	7 probationary employee, if the denial or adverse action
833	833	8 is based on the need of the employer to make reasonable
834	834	9 accommodations to the known medical or common
835	835	10 conditions related to the pregnancy or childbirth of
836	836	11 the applicant or employee.
837	837	12 (3) For an employer to require a job applicant or
838	838	13 employee, including a part-time, full-time, or
839	839	14 probationary employee, affected by pregnancy,
840	840	15 childbirth, or medical or common conditions related to
841	841	16 pregnancy or childbirth to accept an accommodation
842	842	17 when the applicant or employee did not request an
843	843	18 accommodation and the applicant or employee chooses
844	844	19 not to accept the employer's accommodation.
845	845	20 (4) For an employer to require an employee,
846	846	21 including a part-time, full-time, or probationary
847	847	22 employee, to take leave under any leave law or policy
848	848	23 of the employer if another reasonable accommodation
849	849	24 can be provided to the known medical or common
850	850	25 conditions related to the pregnancy or childbirth of
851	851	26 an employee. No employer shall fail or refuse to
852	852
853	853
854	854
855	855
856	856
857	857	HB1594 - 23 - LRB104 06954 JRC 16991 b
858	858
859	859
860	860	HB1594- 24 -LRB104 06954 JRC 16991 b HB1594 - 24 - LRB104 06954 JRC 16991 b
861	861	HB1594 - 24 - LRB104 06954 JRC 16991 b
862	862	1 reinstate the employee affected by pregnancy,
863	863	2 childbirth, or medical or common conditions related to
864	864	3 pregnancy or childbirth to her original job or to an
865	865	4 equivalent position with equivalent pay and
866	866	5 accumulated seniority, retirement, fringe benefits,
867	867	6 and other applicable service credits upon her
868	868	7 signifying her intent to return or when her need for
869	869	8 reasonable accommodation ceases, unless the employer
870	870	9 can demonstrate that the accommodation would impose an
871	871	10 undue hardship on the ordinary operation of the
872	872	11 business of the employer.
873	873	12 For the purposes of this subdivision (J), "reasonable
874	874	13 accommodations" means reasonable modifications or
875	875	14 adjustments to the job application process or work
876	876	15 environment, or to the manner or circumstances under which
877	877	16 the position desired or held is customarily performed,
878	878	17 that enable an applicant or employee affected by
879	879	18 pregnancy, childbirth, or medical or common conditions
880	880	19 related to pregnancy or childbirth to be considered for
881	881	20 the position the applicant desires or to perform the
882	882	21 essential functions of that position, and may include, but
883	883	22 is not limited to: more frequent or longer bathroom
884	884	23 breaks, breaks for increased water intake, and breaks for
885	885	24 periodic rest; private non-bathroom space for expressing
886	886	25 breast milk and breastfeeding; seating; assistance with
887	887	26 manual labor; light duty; temporary transfer to a less
888	888
889	889
890	890
891	891
892	892
893	893	HB1594 - 24 - LRB104 06954 JRC 16991 b
894	894
895	895
896	896	HB1594- 25 -LRB104 06954 JRC 16991 b HB1594 - 25 - LRB104 06954 JRC 16991 b
897	897	HB1594 - 25 - LRB104 06954 JRC 16991 b
898	898	1 strenuous or hazardous position; the provision of an
899	899	2 accessible worksite; acquisition or modification of
900	900	3 equipment; job restructuring; a part-time or modified work
901	901	4 schedule; appropriate adjustment or modifications of
902	902	5 examinations, training materials, or policies;
903	903	6 reassignment to a vacant position; time off to recover
904	904	7 from conditions related to childbirth; and leave
905	905	8 necessitated by pregnancy, childbirth, or medical or
906	906	9 common conditions resulting from pregnancy or childbirth.
907	907	10 For the purposes of this subdivision (J), "undue
908	908	11 hardship" means an action that is prohibitively expensive
909	909	12 or disruptive when considered in light of the following
910	910	13 factors: (i) the nature and cost of the accommodation
911	911	14 needed; (ii) the overall financial resources of the
912	912	15 facility or facilities involved in the provision of the
913	913	16 reasonable accommodation, the number of persons employed
914	914	17 at the facility, the effect on expenses and resources, or
915	915	18 the impact otherwise of the accommodation upon the
916	916	19 operation of the facility; (iii) the overall financial
917	917	20 resources of the employer, the overall size of the
918	918	21 business of the employer with respect to the number of its
919	919	22 employees, and the number, type, and location of its
920	920	23 facilities; and (iv) the type of operation or operations
921	921	24 of the employer, including the composition, structure, and
922	922	25 functions of the workforce of the employer, the geographic
923	923	26 separateness, administrative, or fiscal relationship of
924	924
925	925
926	926
927	927
928	928
929	929	HB1594 - 25 - LRB104 06954 JRC 16991 b
930	930
931	931
932	932	HB1594- 26 -LRB104 06954 JRC 16991 b HB1594 - 26 - LRB104 06954 JRC 16991 b
933	933	HB1594 - 26 - LRB104 06954 JRC 16991 b
934	934	1 the facility or facilities in question to the employer.
935	935	2 The employer has the burden of proving undue hardship. The
936	936	3 fact that the employer provides or would be required to
937	937	4 provide a similar accommodation to similarly situated
938	938	5 employees creates a rebuttable presumption that the
939	939	6 accommodation does not impose an undue hardship on the
940	940	7 employer.
941	941	8 No employer is required by this subdivision (J) to
942	942	9 create additional employment that the employer would not
943	943	10 otherwise have created, unless the employer does so or
944	944	11 would do so for other classes of employees who need
945	945	12 accommodation. The employer is not required to discharge
946	946	13 any employee, transfer any employee with more seniority,
947	947	14 or promote any employee who is not qualified to perform
948	948	15 the job, unless the employer does so or would do so to
949	949	16 accommodate other classes of employees who need it.
950	950	17 (K) Notice.
951	951	18 (1) For an employer to fail to post or keep posted
952	952	19 in a conspicuous location on the premises of the
953	953	20 employer where notices to employees are customarily
954	954	21 posted, or fail to include in any employee handbook
955	955	22 information concerning an employee's rights under this
956	956	23 Article, a notice, to be prepared or approved by the
957	957	24 Department, summarizing the requirements of this
958	958	25 Article and information pertaining to the filing of a
959	959	26 charge, including the right to be free from unlawful
960	960
961	961
962	962
963	963
964	964
965	965	HB1594 - 26 - LRB104 06954 JRC 16991 b
966	966
967	967
968	968	HB1594- 27 -LRB104 06954 JRC 16991 b HB1594 - 27 - LRB104 06954 JRC 16991 b
969	969	HB1594 - 27 - LRB104 06954 JRC 16991 b
970	970	1 discrimination, the right to be free from sexual
971	971	2 harassment, and the right to certain reasonable
972	972	3 accommodations. The Department shall make the
973	973	4 documents required under this paragraph available for
974	974	5 retrieval from the Department's website.
975	975	6 (2) Upon notification of a violation of paragraph
976	976	7 (1) of this subdivision (K), the Department may launch
977	977	8 a preliminary investigation. If the Department finds a
978	978	9 violation, the Department may issue a notice to show
979	979	10 cause giving the employer 30 days to correct the
980	980	11 violation. If the violation is not corrected, the
981	981	12 Department may initiate a charge of a civil rights
982	982	13 violation.
983	983	14 (L) Use of artificial intelligence.
984	984	15 (1) With respect to recruitment, hiring,
985	985	16 promotion, renewal of employment, selection for
986	986	17 training or apprenticeship, discharge, discipline,
987	987	18 tenure, or the terms, privileges, or conditions of
988	988	19 employment, for an employer to use artificial
989	989	20 intelligence that has the effect of subjecting
990	990	21 employees to discrimination on the basis of protected
991	991	22 classes under this Article or to use zip codes as a
992	992	23 proxy for protected classes under this Article.
993	993	24 (2) For an employer to fail to provide notice to an
994	994	25 employee that the employer is using artificial
995	995	26 intelligence for the purposes described in paragraph
996	996
997	997
998	998
999	999
1000	1000
1001	1001	HB1594 - 27 - LRB104 06954 JRC 16991 b
1002	1002
1003	1003
1004	1004	HB1594- 28 -LRB104 06954 JRC 16991 b HB1594 - 28 - LRB104 06954 JRC 16991 b
1005	1005	HB1594 - 28 - LRB104 06954 JRC 16991 b
1006	1006	1 (1).
1007	1007	2 The Department shall adopt any rules necessary for the
1008	1008	3 implementation and enforcement of this subdivision,
1009	1009	4 including, but not limited to, rules on the circumstances
1010	1010	5 and conditions that require notice, the time period for
1011	1011	6 providing notice, and the means for providing notice.
1012	1012	7 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
1013	1013	8 103-804, eff. 1-1-26; revised 11-26-24.)
1014	1014	9 (775 ILCS 5/5-102.3 new)
1015	1015	10 Sec. 5-102.3. Public accommodations; weight and size. It
1016	1016	11 is a civil rights violation for any person, being the owner,
1017	1017	12 lessee, proprietor, manager, superintendent, agent, or
1018	1018	13 employee of any place of public accommodation, because of the
1019	1019	14 weight and size of any person, directly or indirectly, to
1020	1020	15 refuse, withhold from, or deny to any individual any of the
1021	1021	16 accommodations, advantages, facilities, or privileges thereof.
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027	HB1594 - 28 - LRB104 06954 JRC 16991 b