Illinois Expands Protections Under Human Rights Act with New Legislation
In a significant expansion of the Illinois Human Rights Act, Governor J.B. Pritzker has signed into law House Bill 2161, introducing comprehensive amendments aimed at strengthening protections against discrimination and harassment in the workplace. The newly enacted law, effective immediately, broadens definitions and clarifies responsibilities, impacting employers and employees across the state.
Under HB2161, the definition of “employee” now explicitly includes unpaid interns, providing them with protections against workplace harassment and discrimination. This amendment addresses a previously unregulated area, ensuring interns receive the same legal protections as paid employees, particularly in situations where their work does not lead to employment.
Additionally, the law expands the definition of “employer” to include any entity employing one or more employees within Illinois for 20 or more weeks within the calendar year of or preceding an alleged violation. This change aims to cover more businesses under the Act’s provisions, especially smaller employers previously exempt from certain discrimination laws.
One of the pivotal aspects of HB2161 is its comprehensive approach to handling harassment. The legislation specifies that employers are responsible for harassment by nonmanagerial and nonsupervisory employees if the employer is aware of the conduct and fails to take reasonable corrective measures. This accountability extends to the treatment of nonemployees, such as contractors and consultants, who perform services for an employer under a contract.
In addition to protecting against discrimination based on traditional categories such as race, sex, and religion, HB2161 introduces protections against discrimination based on citizenship status, work authorization status, and family responsibilities. This marks a significant step in addressing emerging areas of concern in employment law, reflecting changing societal and economic landscapes.
The law also addresses the needs of employees with family responsibilities, providing clearer guidelines on reasonable accommodations for employees affected by pregnancy, childbirth, or related conditions. Employers are now required to engage in a timely, good faith interactive process to determine effective reasonable accommodations, such as flexible working hours or temporary transfers to less strenuous positions.
Importantly, HB2161 reinforces the prohibition against retaliation, specifying it as a civil rights violation to retaliate against any person for opposing practices believed to be discriminatory or for participating in proceedings under the Act.
The Illinois Department of Human Rights (IDHR) is tasked with enforcing these provisions, ensuring compliance and addressing violations. Employers are required to post notices and inform employees of their rights under the Act, with the IDHR providing resources and guidance for compliance.
