Thomas C. Garretson, Robbins Schwartz, Chicago
312-332-7760 | E-Mail Thomas C. Garretson
Illinois Prohibits Employment Discrimination Against Family Caregivers
Effective January 1, 2025, P.A. 103-0797 effected amendments to the Illinois Human Rights Act (IHRA), 775 ILCS 5/1-101, et seq., to prohibit any form of discrimination, harassment, and retaliation by employers against individuals due to their actual or perceived family responsibilities.
The IHRA defines “family responsibilities” as “an employee’s actual or perceived provision of personal care to a family member.” 775 ILCS 5/2-101(M). “Family members” include a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or step-parent. 775 ILCS 5/2-101(M), citing 820 ILCS 191/5. The term “personal care” is defined as “activities to ensure that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs himself or herself.” Id. “Personal care” also includes “being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.” Id.
While “family responsibilities” is now included within the myriad of statutorily protected classifications, the amendment to the IHRA expressly provides that nothing obligates an employer to make accommodations or modifications to reasonable workplace rules or policies for an employee based on their family responsibilities. 775 ILC 5/2-104(E). This includes accommodations or modifications related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, and benefits as long as the employer’s rules or policies are applied in accordance with the IHRA. 775 ILC 5/2-104(E). Moreover, nothing in the IHRA prevents an employer from taking adverse action or otherwise enforcing reasonable workplace rules or policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, work performance, and benefits against an employee with family responsibilities, as long as the employer applies the policies in accordance with the IHRA. 775 ILC 5/2-104(E).
In light of this amendment to the IHRA, employers should closely review existing policies and procedures to confirm compliance. In addition, employers with employees demonstrating performance deficiencies due to family caregiving responsibilities or requesting certain accommodations due to their family caregiving responsibilities should closely review each scenario and/or request and make personnel determinations with the consideration that family responsibilities are now considered a protected classification under Illinois law.
For more information about employment and labor law, see CAUSES OF ACTION: EMPLOYMENT ACTIONS (IICLE®, 2024). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.