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
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
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
LRB104 06954 JRC 16991 b
A BILL FOR
HB1594LRB104 06954 JRC 16991 b HB1594 LRB104 06954 JRC 16991 b
HB1594 LRB104 06954 JRC 16991 b
1 AN ACT concerning human rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Human Rights Act is amended by
5 changing Sections 2-102 and by adding Section 5-102.3 as
6 follows:
7 (775 ILCS 5/2-102)
8 (Text of Section before amendment by P.A. 103-804)
9 Sec. 2-102. Civil rights violations; employment violations -
10 employment. It is a civil rights violation:
11 (A) Employers. For any employer to refuse to hire, to
12 segregate, to engage in harassment as defined in
13 subsection (E-1) of Section 2-101, or to act with respect
14 to recruitment, hiring, promotion, renewal of employment,
15 selection for training or apprenticeship, discharge,
16 discipline, tenure or terms, privileges or conditions of
17 employment on the basis of unlawful discrimination,
18 citizenship status, work authorization status, or family
19 responsibilities. An employer is responsible for
20 harassment by the employer's nonmanagerial and
21 nonsupervisory employees only if the employer becomes
22 aware of the conduct and fails to take reasonable
23 corrective measures.
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
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
LRB104 06954 JRC 16991 b
A BILL FOR
775 ILCS 5/2-102
775 ILCS 5/5-102.3 new
LRB104 06954 JRC 16991 b
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1 (A-5) Language. For an employer to impose a
2 restriction that has the effect of prohibiting a language
3 from being spoken by an employee in communications that
4 are unrelated to the employee's duties.
5 For the purposes of this subdivision (A-5), "language"
6 means a person's native tongue, such as Polish, Spanish,
7 or Chinese. "Language" does not include such things as
8 slang, jargon, profanity, or vulgarity.
9 (A-10) Harassment of nonemployees. For any employer,
10 employment agency, or labor organization to engage in
11 harassment of nonemployees in the workplace. An employer
12 is responsible for harassment of nonemployees by the
13 employer's nonmanagerial and nonsupervisory employees only
14 if the employer becomes aware of the conduct and fails to
15 take reasonable corrective measures. For the purposes of
16 this subdivision (A-10), "nonemployee" means a person who
17 is not otherwise an employee of the employer and is
18 directly performing services for the employer pursuant to
19 a contract with that employer. "Nonemployee" includes
20 contractors and consultants. This subdivision applies to
21 harassment occurring on or after January 1, 2020 (the
22 effective date of Public Act 101-221) this amendatory Act
23 of the 101st General Assembly.
24 (B) Employment agency. For any employment agency to
25 fail or refuse to classify properly, accept applications
26 and register for employment referral or apprenticeship
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1 referral, refer for employment, or refer for
2 apprenticeship on the basis of unlawful discrimination,
3 citizenship status, work authorization status, or family
4 responsibilities or to accept from any person any job
5 order, requisition or request for referral of applicants
6 for employment or apprenticeship which makes or has the
7 effect of making unlawful discrimination or discrimination
8 on the basis of citizenship status, work authorization
9 status, or family responsibilities a condition of
10 referral.
11 (C) Labor organization. For any labor organization to
12 limit, segregate or classify its membership, or to limit
13 employment opportunities, selection and training for
14 apprenticeship in any trade or craft, or otherwise to
15 take, or fail to take, any action which affects adversely
16 any person's status as an employee or as an applicant for
17 employment or as an apprentice, or as an applicant for
18 apprenticeships, or wages, tenure, hours of employment or
19 apprenticeship conditions on the basis of unlawful
20 discrimination, citizenship status, work authorization
21 status, or family responsibilities.
22 (D) Sexual harassment. For any employer, employee,
23 agent of any employer, employment agency or labor
24 organization to engage in sexual harassment; provided,
25 that an employer shall be responsible for sexual
26 harassment of the employer's employees by nonemployees or
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1 nonmanagerial and nonsupervisory employees only if the
2 employer becomes aware of the conduct and fails to take
3 reasonable corrective measures.
4 (D-5) Sexual harassment of nonemployees. For any
5 employer, employee, agent of any employer, employment
6 agency, or labor organization to engage in sexual
7 harassment of nonemployees in the workplace. An employer
8 is responsible for sexual harassment of nonemployees by
9 the employer's nonmanagerial and nonsupervisory employees
10 only if the employer becomes aware of the conduct and
11 fails to take reasonable corrective measures. For the
12 purposes of this subdivision (D-5), "nonemployee" means a
13 person who is not otherwise an employee of the employer
14 and is directly performing services for the employer
15 pursuant to a contract with that employer. "Nonemployee"
16 includes contractors and consultants. This subdivision
17 applies to sexual harassment occurring on or after January
18 1, 2020 (the effective date of Public Act 101-221) this
19 amendatory Act of the 101st General Assembly.
20 (E) Public employers. For any public employer to
21 refuse to permit a public employee under its jurisdiction
22 who takes time off from work in order to practice his or
23 her religious beliefs to engage in work, during hours
24 other than such employee's regular working hours,
25 consistent with the operational needs of the employer and
26 in order to compensate for work time lost for such
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1 religious reasons. Any employee who elects such deferred
2 work shall be compensated at the wage rate which he or she
3 would have earned during the originally scheduled work
4 period. The employer may require that an employee who
5 plans to take time off from work in order to practice his
6 or her religious beliefs provide the employer with a
7 notice of his or her intention to be absent from work not
8 exceeding 5 days prior to the date of absence.
9 (E-5) Religious discrimination. For any employer to
10 impose upon a person as a condition of obtaining or
11 retaining employment, including opportunities for
12 promotion, advancement, or transfer, any terms or
13 conditions that would require such person to violate or
14 forgo a sincerely held practice of his or her religion
15 including, but not limited to, the wearing of any attire,
16 clothing, or facial hair in accordance with the
17 requirements of his or her religion, unless, after
18 engaging in a bona fide effort, the employer demonstrates
19 that it is unable to reasonably accommodate the employee's
20 or prospective employee's sincerely held religious belief,
21 practice, or observance without undue hardship on the
22 conduct of the employer's business.
23 Nothing in this Section prohibits an employer from
24 enacting a dress code or grooming policy that may include
25 restrictions on attire, clothing, or facial hair to
26 maintain workplace safety or food sanitation.
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1 (F) Training and apprenticeship programs. For any
2 employer, employment agency or labor organization to
3 discriminate against a person on the basis of age in the
4 selection, referral for or conduct of apprenticeship or
5 training programs.
6 (G) Immigration-related practices.
7 (1) for an employer to request for purposes of
8 satisfying the requirements of Section 1324a(b) of
9 Title 8 of the United States Code, as now or hereafter
10 amended, more or different documents than are required
11 under such Section or to refuse to honor documents
12 tendered that on their face reasonably appear to be
13 genuine or to refuse to honor work authorization based
14 upon the specific status or term of status that
15 accompanies the authorization to work; or
16 (2) for an employer participating in the E-Verify
17 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
18 Programs for Employment Eligibility Confirmation
19 (enacted by PL 104-208, div. C title IV, subtitle A) to
20 refuse to hire, to segregate, or to act with respect to
21 recruitment, hiring, promotion, renewal of employment,
22 selection for training or apprenticeship, discharge,
23 discipline, tenure or terms, privileges or conditions
24 of employment without following the procedures under
25 the E-Verify Program.
26 (H) (Blank).
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1 (H-5) Weight and size.
2 (1) For an employer or licensing agency, on the
3 basis of an individual's weight and size, to refuse to
4 hire or employ the individual, to bar or discharge the
5 individual from employment, or to discriminate against
6 the individual in compensation or in terms,
7 conditions, or privileges of employment.
8 (2) For an employment agency, on the basis of an
9 individual's weight and size, to discriminate in
10 receiving, classifying, disposing, or otherwise acting
11 upon an application for the employment agency's
12 services or in referring an individual to an employer.
13 (3) For a labor organization, on the basis of an
14 individual's weight and size, to exclude an
15 individual, to expel an individual from its
16 membership, or to discriminate in any way against any
17 of its members or against any employer or any
18 individual employed by an employer.
19 (4) For any employer or employment agency to print
20 or circulate, or cause to be printed or circulated,
21 any statement, advertisement, or publication, or to
22 use any form of application for employment or to make
23 any inquiry in connection with prospective employment
24 which expresses, directly or indirectly, any
25 limitation, specification, or discrimination as to
26 weight and size, or any intent to make a weight and
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1 size limitation, specification, or discrimination,
2 unless based upon a bona fide occupational
3 qualification.
4 (I) Pregnancy. For an employer to refuse to hire, to
5 segregate, or to act with respect to recruitment, hiring,
6 promotion, renewal of employment, selection for training
7 or apprenticeship, discharge, discipline, tenure or terms,
8 privileges or conditions of employment on the basis of
9 pregnancy, childbirth, or medical or common conditions
10 related to pregnancy or childbirth. Women affected by
11 pregnancy, childbirth, or medical or common conditions
12 related to pregnancy or childbirth shall be treated the
13 same for all employment-related purposes, including
14 receipt of benefits under fringe benefit programs, as
15 other persons not so affected but similar in their ability
16 or inability to work, regardless of the source of the
17 inability to work or employment classification or status.
18 (J) Pregnancy; reasonable accommodations.
19 (1) If after a job applicant or employee,
20 including a part-time, full-time, or probationary
21 employee, requests a reasonable accommodation, for an
22 employer to not make reasonable accommodations for any
23 medical or common condition of a job applicant or
24 employee related to pregnancy or childbirth, unless
25 the employer can demonstrate that the accommodation
26 would impose an undue hardship on the ordinary
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1 operation of the business of the employer. The
2 employer may request documentation from the employee's
3 health care provider concerning the need for the
4 requested reasonable accommodation or accommodations
5 to the same extent documentation is requested for
6 conditions related to disability if the employer's
7 request for documentation is job-related and
8 consistent with business necessity. The employer may
9 require only the medical justification for the
10 requested accommodation or accommodations, a
11 description of the reasonable accommodation or
12 accommodations medically advisable, the date the
13 reasonable accommodation or accommodations became
14 medically advisable, and the probable duration of the
15 reasonable accommodation or accommodations. It is the
16 duty of the individual seeking a reasonable
17 accommodation or accommodations to submit to the
18 employer any documentation that is requested in
19 accordance with this paragraph. Notwithstanding the
20 provisions of this paragraph, the employer may require
21 documentation by the employee's health care provider
22 to determine compliance with other laws. The employee
23 and employer shall engage in a timely, good faith, and
24 meaningful exchange to determine effective reasonable
25 accommodations.
26 (2) For an employer to deny employment
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1 opportunities or benefits to or take adverse action
2 against an otherwise qualified job applicant or
3 employee, including a part-time, full-time, or
4 probationary employee, if the denial or adverse action
5 is based on the need of the employer to make reasonable
6 accommodations to the known medical or common
7 conditions related to the pregnancy or childbirth of
8 the applicant or employee.
9 (3) For an employer to require a job applicant or
10 employee, including a part-time, full-time, or
11 probationary employee, affected by pregnancy,
12 childbirth, or medical or common conditions related to
13 pregnancy or childbirth to accept an accommodation
14 when the applicant or employee did not request an
15 accommodation and the applicant or employee chooses
16 not to accept the employer's accommodation.
17 (4) For an employer to require an employee,
18 including a part-time, full-time, or probationary
19 employee, to take leave under any leave law or policy
20 of the employer if another reasonable accommodation
21 can be provided to the known medical or common
22 conditions related to the pregnancy or childbirth of
23 an employee. No employer shall fail or refuse to
24 reinstate the employee affected by pregnancy,
25 childbirth, or medical or common conditions related to
26 pregnancy or childbirth to her original job or to an
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1 equivalent position with equivalent pay and
2 accumulated seniority, retirement, fringe benefits,
3 and other applicable service credits upon her
4 signifying her intent to return or when her need for
5 reasonable accommodation ceases, unless the employer
6 can demonstrate that the accommodation would impose an
7 undue hardship on the ordinary operation of the
8 business of the employer.
9 For the purposes of this subdivision (J), "reasonable
10 accommodations" means reasonable modifications or
11 adjustments to the job application process or work
12 environment, or to the manner or circumstances under which
13 the position desired or held is customarily performed,
14 that enable an applicant or employee affected by
15 pregnancy, childbirth, or medical or common conditions
16 related to pregnancy or childbirth to be considered for
17 the position the applicant desires or to perform the
18 essential functions of that position, and may include, but
19 is not limited to: more frequent or longer bathroom
20 breaks, breaks for increased water intake, and breaks for
21 periodic rest; private non-bathroom space for expressing
22 breast milk and breastfeeding; seating; assistance with
23 manual labor; light duty; temporary transfer to a less
24 strenuous or hazardous position; the provision of an
25 accessible worksite; acquisition or modification of
26 equipment; job restructuring; a part-time or modified work
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1 schedule; appropriate adjustment or modifications of
2 examinations, training materials, or policies;
3 reassignment to a vacant position; time off to recover
4 from conditions related to childbirth; and leave
5 necessitated by pregnancy, childbirth, or medical or
6 common conditions resulting from pregnancy or childbirth.
7 For the purposes of this subdivision (J), "undue
8 hardship" means an action that is prohibitively expensive
9 or disruptive when considered in light of the following
10 factors: (i) the nature and cost of the accommodation
11 needed; (ii) the overall financial resources of the
12 facility or facilities involved in the provision of the
13 reasonable accommodation, the number of persons employed
14 at the facility, the effect on expenses and resources, or
15 the impact otherwise of the accommodation upon the
16 operation of the facility; (iii) the overall financial
17 resources of the employer, the overall size of the
18 business of the employer with respect to the number of its
19 employees, and the number, type, and location of its
20 facilities; and (iv) the type of operation or operations
21 of the employer, including the composition, structure, and
22 functions of the workforce of the employer, the geographic
23 separateness, administrative, or fiscal relationship of
24 the facility or facilities in question to the employer.
25 The employer has the burden of proving undue hardship. The
26 fact that the employer provides or would be required to
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1 provide a similar accommodation to similarly situated
2 employees creates a rebuttable presumption that the
3 accommodation does not impose an undue hardship on the
4 employer.
5 No employer is required by this subdivision (J) to
6 create additional employment that the employer would not
7 otherwise have created, unless the employer does so or
8 would do so for other classes of employees who need
9 accommodation. The employer is not required to discharge
10 any employee, transfer any employee with more seniority,
11 or promote any employee who is not qualified to perform
12 the job, unless the employer does so or would do so to
13 accommodate other classes of employees who need it.
14 (K) Notice.
15 (1) For an employer to fail to post or keep posted
16 in a conspicuous location on the premises of the
17 employer where notices to employees are customarily
18 posted, or fail to include in any employee handbook
19 information concerning an employee's rights under this
20 Article, a notice, to be prepared or approved by the
21 Department, summarizing the requirements of this
22 Article and information pertaining to the filing of a
23 charge, including the right to be free from unlawful
24 discrimination, the right to be free from sexual
25 harassment, and the right to certain reasonable
26 accommodations. The Department shall make the
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1 documents required under this paragraph available for
2 retrieval from the Department's website.
3 (2) Upon notification of a violation of paragraph
4 (1) of this subdivision (K), the Department may launch
5 a preliminary investigation. If the Department finds a
6 violation, the Department may issue a notice to show
7 cause giving the employer 30 days to correct the
8 violation. If the violation is not corrected, the
9 Department may initiate a charge of a civil rights
10 violation.
11 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
12 revised 10-7-24.)
13 (Text of Section after amendment by P.A. 103-804)
14 Sec. 2-102. Civil rights violations; employment violations -
15 employment. It is a civil rights violation:
16 (A) Employers. For any employer to refuse to hire, to
17 segregate, to engage in harassment as defined in
18 subsection (E-1) of Section 2-101, or to act with respect
19 to recruitment, hiring, promotion, renewal of employment,
20 selection for training or apprenticeship, discharge,
21 discipline, tenure or terms, privileges or conditions of
22 employment on the basis of unlawful discrimination,
23 citizenship status, work authorization status, or family
24 responsibilities. An employer is responsible for
25 harassment by the employer's nonmanagerial and
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1 nonsupervisory employees only if the employer becomes
2 aware of the conduct and fails to take reasonable
3 corrective measures.
4 (A-5) Language. For an employer to impose a
5 restriction that has the effect of prohibiting a language
6 from being spoken by an employee in communications that
7 are unrelated to the employee's duties.
8 For the purposes of this subdivision (A-5), "language"
9 means a person's native tongue, such as Polish, Spanish,
10 or Chinese. "Language" does not include such things as
11 slang, jargon, profanity, or vulgarity.
12 (A-10) Harassment of nonemployees. For any employer,
13 employment agency, or labor organization to engage in
14 harassment of nonemployees in the workplace. An employer
15 is responsible for harassment of nonemployees by the
16 employer's nonmanagerial and nonsupervisory employees only
17 if the employer becomes aware of the conduct and fails to
18 take reasonable corrective measures. For the purposes of
19 this subdivision (A-10), "nonemployee" means a person who
20 is not otherwise an employee of the employer and is
21 directly performing services for the employer pursuant to
22 a contract with that employer. "Nonemployee" includes
23 contractors and consultants. This subdivision applies to
24 harassment occurring on or after January 1, 2020 (the
25 effective date of Public Act 101-221) this amendatory Act
26 of the 101st General Assembly.
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1 (B) Employment agency. For any employment agency to
2 fail or refuse to classify properly, accept applications
3 and register for employment referral or apprenticeship
4 referral, refer for employment, or refer for
5 apprenticeship on the basis of unlawful discrimination,
6 citizenship status, work authorization status, or family
7 responsibilities or to accept from any person any job
8 order, requisition or request for referral of applicants
9 for employment or apprenticeship which makes or has the
10 effect of making unlawful discrimination or discrimination
11 on the basis of citizenship status, work authorization
12 status, or family responsibilities a condition of
13 referral.
14 (C) Labor organization. For any labor organization to
15 limit, segregate or classify its membership, or to limit
16 employment opportunities, selection and training for
17 apprenticeship in any trade or craft, or otherwise to
18 take, or fail to take, any action which affects adversely
19 any person's status as an employee or as an applicant for
20 employment or as an apprentice, or as an applicant for
21 apprenticeships, or wages, tenure, hours of employment or
22 apprenticeship conditions on the basis of unlawful
23 discrimination, citizenship status, work authorization
24 status, or family responsibilities.
25 (D) Sexual harassment. For any employer, employee,
26 agent of any employer, employment agency or labor
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1 organization to engage in sexual harassment; provided,
2 that an employer shall be responsible for sexual
3 harassment of the employer's employees by nonemployees or
4 nonmanagerial and nonsupervisory employees only if the
5 employer becomes aware of the conduct and fails to take
6 reasonable corrective measures.
7 (D-5) Sexual harassment of nonemployees. For any
8 employer, employee, agent of any employer, employment
9 agency, or labor organization to engage in sexual
10 harassment of nonemployees in the workplace. An employer
11 is responsible for sexual harassment of nonemployees by
12 the employer's nonmanagerial and nonsupervisory employees
13 only if the employer becomes aware of the conduct and
14 fails to take reasonable corrective measures. For the
15 purposes of this subdivision (D-5), "nonemployee" means a
16 person who is not otherwise an employee of the employer
17 and is directly performing services for the employer
18 pursuant to a contract with that employer. "Nonemployee"
19 includes contractors and consultants. This subdivision
20 applies to sexual harassment occurring on or after January
21 1, 2020 (the effective date of Public Act 101-221) this
22 amendatory Act of the 101st General Assembly.
23 (E) Public employers. For any public employer to
24 refuse to permit a public employee under its jurisdiction
25 who takes time off from work in order to practice his or
26 her religious beliefs to engage in work, during hours
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1 other than such employee's regular working hours,
2 consistent with the operational needs of the employer and
3 in order to compensate for work time lost for such
4 religious reasons. Any employee who elects such deferred
5 work shall be compensated at the wage rate which he or she
6 would have earned during the originally scheduled work
7 period. The employer may require that an employee who
8 plans to take time off from work in order to practice his
9 or her religious beliefs provide the employer with a
10 notice of his or her intention to be absent from work not
11 exceeding 5 days prior to the date of absence.
12 (E-5) Religious discrimination. For any employer to
13 impose upon a person as a condition of obtaining or
14 retaining employment, including opportunities for
15 promotion, advancement, or transfer, any terms or
16 conditions that would require such person to violate or
17 forgo a sincerely held practice of his or her religion
18 including, but not limited to, the wearing of any attire,
19 clothing, or facial hair in accordance with the
20 requirements of his or her religion, unless, after
21 engaging in a bona fide effort, the employer demonstrates
22 that it is unable to reasonably accommodate the employee's
23 or prospective employee's sincerely held religious belief,
24 practice, or observance without undue hardship on the
25 conduct of the employer's business.
26 Nothing in this Section prohibits an employer from
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1 enacting a dress code or grooming policy that may include
2 restrictions on attire, clothing, or facial hair to
3 maintain workplace safety or food sanitation.
4 (F) Training and apprenticeship programs. For any
5 employer, employment agency or labor organization to
6 discriminate against a person on the basis of age in the
7 selection, referral for or conduct of apprenticeship or
8 training programs.
9 (G) Immigration-related practices.
10 (1) for an employer to request for purposes of
11 satisfying the requirements of Section 1324a(b) of
12 Title 8 of the United States Code, as now or hereafter
13 amended, more or different documents than are required
14 under such Section or to refuse to honor documents
15 tendered that on their face reasonably appear to be
16 genuine or to refuse to honor work authorization based
17 upon the specific status or term of status that
18 accompanies the authorization to work; or
19 (2) for an employer participating in the E-Verify
20 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
21 Programs for Employment Eligibility Confirmation
22 (enacted by PL 104-208, div. C title IV, subtitle A) to
23 refuse to hire, to segregate, or to act with respect to
24 recruitment, hiring, promotion, renewal of employment,
25 selection for training or apprenticeship, discharge,
26 discipline, tenure or terms, privileges or conditions
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1 of employment without following the procedures under
2 the E-Verify Program.
3 (H) (Blank).
4 (H-5) Weight and size.
5 (1) For an employer or licensing agency, on the
6 basis of an individual's weight and size, to refuse to
7 hire or employ the individual, to bar or discharge the
8 individual from employment, or to discriminate against
9 the individual in compensation or in terms,
10 conditions, or privileges of employment.
11 (2) For an employment agency, on the basis of an
12 individual's weight and size, to discriminate in
13 receiving, classifying, disposing, or otherwise acting
14 upon an application for the employment agency's
15 services or in referring an individual to an employer.
16 (3) For a labor organization, on the basis of an
17 individual's weight and size, to exclude an
18 individual, to expel an individual from its
19 membership, or to discriminate in any way against any
20 of its members or against any employer or any
21 individual employed by an employer.
22 (4) For any employer or employment agency to print
23 or circulate, or cause to be printed or circulated,
24 any statement, advertisement, or publication, or to
25 use any form of application for employment or to make
26 any inquiry in connection with prospective employment
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1 which expresses, directly or indirectly, any
2 limitation, specification, or discrimination as to
3 weight and size, or any intent to make a weight and
4 size limitation, specification, or discrimination,
5 unless based upon a bona fide occupational
6 qualification.
7 (I) Pregnancy. For an employer to refuse to hire, to
8 segregate, or to act with respect to recruitment, hiring,
9 promotion, renewal of employment, selection for training
10 or apprenticeship, discharge, discipline, tenure or terms,
11 privileges or conditions of employment on the basis of
12 pregnancy, childbirth, or medical or common conditions
13 related to pregnancy or childbirth. Women affected by
14 pregnancy, childbirth, or medical or common conditions
15 related to pregnancy or childbirth shall be treated the
16 same for all employment-related purposes, including
17 receipt of benefits under fringe benefit programs, as
18 other persons not so affected but similar in their ability
19 or inability to work, regardless of the source of the
20 inability to work or employment classification or status.
21 (J) Pregnancy; reasonable accommodations.
22 (1) If after a job applicant or employee,
23 including a part-time, full-time, or probationary
24 employee, requests a reasonable accommodation, for an
25 employer to not make reasonable accommodations for any
26 medical or common condition of a job applicant or
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1 employee related to pregnancy or childbirth, unless
2 the employer can demonstrate that the accommodation
3 would impose an undue hardship on the ordinary
4 operation of the business of the employer. The
5 employer may request documentation from the employee's
6 health care provider concerning the need for the
7 requested reasonable accommodation or accommodations
8 to the same extent documentation is requested for
9 conditions related to disability if the employer's
10 request for documentation is job-related and
11 consistent with business necessity. The employer may
12 require only the medical justification for the
13 requested accommodation or accommodations, a
14 description of the reasonable accommodation or
15 accommodations medically advisable, the date the
16 reasonable accommodation or accommodations became
17 medically advisable, and the probable duration of the
18 reasonable accommodation or accommodations. It is the
19 duty of the individual seeking a reasonable
20 accommodation or accommodations to submit to the
21 employer any documentation that is requested in
22 accordance with this paragraph. Notwithstanding the
23 provisions of this paragraph, the employer may require
24 documentation by the employee's health care provider
25 to determine compliance with other laws. The employee
26 and employer shall engage in a timely, good faith, and
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1 meaningful exchange to determine effective reasonable
2 accommodations.
3 (2) For an employer to deny employment
4 opportunities or benefits to or take adverse action
5 against an otherwise qualified job applicant or
6 employee, including a part-time, full-time, or
7 probationary employee, if the denial or adverse action
8 is based on the need of the employer to make reasonable
9 accommodations to the known medical or common
10 conditions related to the pregnancy or childbirth of
11 the applicant or employee.
12 (3) For an employer to require a job applicant or
13 employee, including a part-time, full-time, or
14 probationary employee, affected by pregnancy,
15 childbirth, or medical or common conditions related to
16 pregnancy or childbirth to accept an accommodation
17 when the applicant or employee did not request an
18 accommodation and the applicant or employee chooses
19 not to accept the employer's accommodation.
20 (4) For an employer to require an employee,
21 including a part-time, full-time, or probationary
22 employee, to take leave under any leave law or policy
23 of the employer if another reasonable accommodation
24 can be provided to the known medical or common
25 conditions related to the pregnancy or childbirth of
26 an employee. No employer shall fail or refuse to
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1 reinstate the employee affected by pregnancy,
2 childbirth, or medical or common conditions related to
3 pregnancy or childbirth to her original job or to an
4 equivalent position with equivalent pay and
5 accumulated seniority, retirement, fringe benefits,
6 and other applicable service credits upon her
7 signifying her intent to return or when her need for
8 reasonable accommodation ceases, unless the employer
9 can demonstrate that the accommodation would impose an
10 undue hardship on the ordinary operation of the
11 business of the employer.
12 For the purposes of this subdivision (J), "reasonable
13 accommodations" means reasonable modifications or
14 adjustments to the job application process or work
15 environment, or to the manner or circumstances under which
16 the position desired or held is customarily performed,
17 that enable an applicant or employee affected by
18 pregnancy, childbirth, or medical or common conditions
19 related to pregnancy or childbirth to be considered for
20 the position the applicant desires or to perform the
21 essential functions of that position, and may include, but
22 is not limited to: more frequent or longer bathroom
23 breaks, breaks for increased water intake, and breaks for
24 periodic rest; private non-bathroom space for expressing
25 breast milk and breastfeeding; seating; assistance with
26 manual labor; light duty; temporary transfer to a less
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1 strenuous or hazardous position; the provision of an
2 accessible worksite; acquisition or modification of
3 equipment; job restructuring; a part-time or modified work
4 schedule; appropriate adjustment or modifications of
5 examinations, training materials, or policies;
6 reassignment to a vacant position; time off to recover
7 from conditions related to childbirth; and leave
8 necessitated by pregnancy, childbirth, or medical or
9 common conditions resulting from pregnancy or childbirth.
10 For the purposes of this subdivision (J), "undue
11 hardship" means an action that is prohibitively expensive
12 or disruptive when considered in light of the following
13 factors: (i) the nature and cost of the accommodation
14 needed; (ii) the overall financial resources of the
15 facility or facilities involved in the provision of the
16 reasonable accommodation, the number of persons employed
17 at the facility, the effect on expenses and resources, or
18 the impact otherwise of the accommodation upon the
19 operation of the facility; (iii) the overall financial
20 resources of the employer, the overall size of the
21 business of the employer with respect to the number of its
22 employees, and the number, type, and location of its
23 facilities; and (iv) the type of operation or operations
24 of the employer, including the composition, structure, and
25 functions of the workforce of the employer, the geographic
26 separateness, administrative, or fiscal relationship of
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1 the facility or facilities in question to the employer.
2 The employer has the burden of proving undue hardship. The
3 fact that the employer provides or would be required to
4 provide a similar accommodation to similarly situated
5 employees creates a rebuttable presumption that the
6 accommodation does not impose an undue hardship on the
7 employer.
8 No employer is required by this subdivision (J) to
9 create additional employment that the employer would not
10 otherwise have created, unless the employer does so or
11 would do so for other classes of employees who need
12 accommodation. The employer is not required to discharge
13 any employee, transfer any employee with more seniority,
14 or promote any employee who is not qualified to perform
15 the job, unless the employer does so or would do so to
16 accommodate other classes of employees who need it.
17 (K) Notice.
18 (1) For an employer to fail to post or keep posted
19 in a conspicuous location on the premises of the
20 employer where notices to employees are customarily
21 posted, or fail to include in any employee handbook
22 information concerning an employee's rights under this
23 Article, a notice, to be prepared or approved by the
24 Department, summarizing the requirements of this
25 Article and information pertaining to the filing of a
26 charge, including the right to be free from unlawful
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1 discrimination, the right to be free from sexual
2 harassment, and the right to certain reasonable
3 accommodations. The Department shall make the
4 documents required under this paragraph available for
5 retrieval from the Department's website.
6 (2) Upon notification of a violation of paragraph
7 (1) of this subdivision (K), the Department may launch
8 a preliminary investigation. If the Department finds a
9 violation, the Department may issue a notice to show
10 cause giving the employer 30 days to correct the
11 violation. If the violation is not corrected, the
12 Department may initiate a charge of a civil rights
13 violation.
14 (L) Use of artificial intelligence.
15 (1) With respect to recruitment, hiring,
16 promotion, renewal of employment, selection for
17 training or apprenticeship, discharge, discipline,
18 tenure, or the terms, privileges, or conditions of
19 employment, for an employer to use artificial
20 intelligence that has the effect of subjecting
21 employees to discrimination on the basis of protected
22 classes under this Article or to use zip codes as a
23 proxy for protected classes under this Article.
24 (2) For an employer to fail to provide notice to an
25 employee that the employer is using artificial
26 intelligence for the purposes described in paragraph
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1 (1).
2 The Department shall adopt any rules necessary for the
3 implementation and enforcement of this subdivision,
4 including, but not limited to, rules on the circumstances
5 and conditions that require notice, the time period for
6 providing notice, and the means for providing notice.
7 (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25;
8 103-804, eff. 1-1-26; revised 11-26-24.)
9 (775 ILCS 5/5-102.3 new)
10 Sec. 5-102.3. Public accommodations; weight and size. It
11 is a civil rights violation for any person, being the owner,
12 lessee, proprietor, manager, superintendent, agent, or
13 employee of any place of public accommodation, because of the
14 weight and size of any person, directly or indirectly, to
15 refuse, withhold from, or deny to any individual any of the
16 accommodations, advantages, facilities, or privileges thereof.
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