Compliance Countdown: Illinois Employment Law Changes in 2025

By Mark McAnulty and Nick Golding

Illinois employers should begin preparing for various changes to Illinois employment law going into effect on January 1, 2025, including amendments to the Illinois Human Rights Act (“IHRA”), Illinois Equal Pay Act (“EPA”), and Illinois Personnel Record Review Act (“PRRA”).

Amendments to the Illinois Human Rights Act

1. Family Responsibilities as a Protected Class

Beginning January 1, 2025, the IHRA will include “family responsibilities” as a protected class. The IHRA defines “family responsibilities” as “an employee’s actual or perceived provision of personal care to a family member.”

“Personal care” is defined as activities engaged in by an employee 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. “Covered family members” include an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

However, employers are not obligated to make accommodations or modifications to reasonable workplace rules or policies based on family responsibilities. Employers are also not prevented from taking adverse action or enforcing reasonable workplace policies related to leave, scheduling, productivity, attendance, absenteeism, timeliness, and work performance, so long as these rules or policies are applied in accordance with the IHRA.

Employer Takeaway

Employers cannot discipline or discriminate against employees based on a perception that they are less dedicated to work because of family responsibilities, but employees cannot use family responsibilities to avoid meeting an employer’s legitimate work expectations. 

2. Reproductive Health Decisions as a Protected Class

The IHRA has also been amended to protect “reproductive health decisions,” which is defined as “a person’s decisions regarding the person’s use of contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care.”

Employer Takeaway

Employers cannot take adverse employment actions against an employee  based on their healthcare decisions, such as using contraceptives. However, an employee will also not be able to support a claim based merely on their reproductive health decisions, so long as the employer applies their policies and practices in a non-discriminatory way.

Notably, this amendment does not exempt employers from disciplining employees for their reproductive health decisions based on the employer’s religious beliefs. Religious-affiliated employers should monitor this space for any legal challenges or additional guidance that might be issued before this amendment takes effect next year.   

3. Extended Statute of Limitations for Claims Under the IHRA 

Currently, the IHRA grants employees 300 days to file an administrative claim of discrimination, retaliation, or harassment with the Illinois Department of Human Rights. Beginning January 1, 2025, employees will have two years from the date of an alleged incident of discrimination to bring a claim.

Employer Takeaway

This amendment does not impact the limitations period for federal employment discrimination claims filed in Illinois, which must still be filed with the EEOC within 300 days of the alleged discrimination, but it will allow employment discrimination claims to be brought under the IHRA that might otherwise be untimely under Title VII. Employers should also review their separation procedures and documentation retention policies to make sure that they are retaining documents in the event that a former employee brings a charge under this extended filing period.

Amendments to the Illinois Equal Pay Act

Beginning January 1, 2025, all employers in Illinois with 15 or more employees will be required to provide pay scale and benefits information in all open job postings. “Pay scale and benefits” means the wage or salary, or the wage or salary range, and a general description of the benefits and other compensation, including, but not limited to, bonuses, stock options, or other incentives the employer reasonable expects in good faith to offer for the position, set by reference to any applicable pay scale, the previously determined range for the position, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable.

Job postings may include a hyperlink to a public webpage containing the required pay scale and benefits information to satisfy this disclosure requirement. 

These posting requirements apply to both in-state positions and remote positions where the out-of-state employee reports to a supervisor, office, or other worksite within Illinois. 

Employers who use third parties to “announce, post, publish, or otherwise make known a job posting” are required to provide the pay scale and benefits information to the third party. The third party is liable for failure to include this information in a job posting unless they can show the employer did not provide the necessary information.

Employers are required to maintain records of the pay scale and benefit information and the job posting for each position for at least 5 years.

Employer Takeaway

Employers need to review job postings to ensure compliance with these amendments before they go into effect next year. Aggrieved parties have 1 year to file a complaint with the Illinois Department of Labor (“IDOL”) if they discover a job posting that does not contain the required information. If IDOL investigates a complaint and determines that a violation has occurred, it will issue the employer notice and provide a date to remedy the violation. Employers will be provided 14 days to correct a first-time violation and 7 days to correct a second offense.  Fines range from $250.00 for first-time offenses involving an inactive posting to $10,000.00 for a third or subsequent violation.  

Amendments to the Illinois Personnel Record Review Act

The PRRA allows employees to request to inspect their personnel file and review documents related to employment decisions. Amendments to the PRRA will place new obligations on both employees and employers beginning January 1, 2025.

1. Changes to Employee Requests for Records

Employee requests for records must now be in writing, which includes any electronic communications, such as email or text messages. Employees may make up to two requests per calendar year. The request must:

  1. Be made at reasonable intervals, unless otherwise provided in a collective bargaining agreement;
  2. Be made to a person responsible for maintaining the employer’s personnel records, including the employer’s human resources department, payroll department, the employee’s supervisor or department manager, or to an individual as provided in the employer’s written policy;
  3. Identify what personnel records the employee is requesting or if the employer is requesting all of the records allowed to be requested under the PRRA;
  4. Specify if the employee is requesting to inspect, copy, or receive copies of the records;
  5. Specify whether records are to be provided in hardcopy or in a reasonable and commercially available electronic format;
  6. Specify whether inspection, copying, or receipt of copies will be performed by the employee’s representative, including family members, lawyers, union stewards, other union officials, or translators; and
  7. If the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee’s specific representative.

The amendments also add that employers will now have 7 working days from the receipt of the request. The amendments also change the additional time employers may request to produce the documents from 7 additional working days to 7 additional calendar days, thereby potentially shortening the time employers have to comply.

2. New Types of Documents Covered and Excluded

The amended PRRA expands the type of documents employers must provide include:

  1. Any personnel documents which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, benefits, discharge, or other disciplinary action, except as provided in Section 10 of the Act;
  2. Any employment-related contracts or agreements that are legally binding on the employee;
  3. Any employee handbooks that the employer made available to the employee or that the employee acknowledged receiving; and
  4. Any written employer policies or procedures that the employer contends the employee was subject to and that concern qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action.

Trade secrets, client lists, sales projections, and financial data do not have to be produced.

3.  Limitations on Costs Recoverable to Employers

The PRRA allows employers to charge a fee for providing a copy of the requested record. This fee is limited to the cost of duplicating the record and the imputed costs of time spent duplicating the information, the purchase or rental of copying machines, the purchase or rental of computer equipment, the purchase, rental or licensing of software, or other similar expenses may not be included in the recoverable fee.

4. Individual Right of Action

If IDOL fails to resolve an employee’s complaint within 180 calendar days, or if the Department certifies in writing that it is unlikely to be able to resolve the complaint within 180 days, then the employee may bring an action in state court. Employees who prevail may seek actual damages, costs, and attorney’s fees.

Employer Takeaway

Employers should familiarize themselves with these changes to the PRRA before they take effect on January 1, 2025 to ensure they are able to respond to new requests within the new shorter time period.

Amendments to Illinois Wage Payment and Collection Act

The Illinois Wage Payment and Collection Act (“WPCL”) requires employers to notify employees, at the time of hiring, of the rate of pay and of the time and place of payment. Currently, employers must keep records of names and addresses of all employees and of wages paid each payday, and furnish an itemized statement of deduction made for each payday.

Beginning January 1, 2025, employers will be required to issue a “pay stub” each pay period instead of an itemized statement. “Pay stub” is defined as an itemized statement or statements reflecting an employee’s hours worked, gross wages earned, deductions made from the employee’s wages, and the total of wages and deductions year to date.

Employers will also have to maintain a copy of an employee’s pay stub for at least 3 years after the date of payment, regardless of whether the employee’s employment ends during this period.

Employers must also supply copies of a pay stub to both current and former employees within 21 days upon request. However, employers are not required to grant more than 2 requests from a current employee in a 12-month period. An employer does not have to provide a former employee’s request more than twice in a 12-month period or more than one year after the date of separation.

Employer Takeaway

Employers should review the amendments and update company policies to ensure compliance. Failure to comply with the WPCL will result in a civil penalty of up to $500.00 per violation.

Amendments to Illinois Whistleblower Act

Beginning January 1, 2025, the Illinois Whistleblower Act will include additional definitions adding a “good faith” component. Employers will now be prohibited from retaliating against an employee who discloses or threatens to disclose information related to an employer’s activity, policy, or practice where the employee has a good faith belief that such activity, policy, or practice violates State or federal law, rule, or regulation, or poses a significant and specific danger to employees, public health, or safety.  These changes do not apply retroactively.

Employer Takeaway

Employers should consult with counsel to determine whether an employee meets this new good faith component before taking an adverse employment action that might violate the Whistleblower Act.

Amendments to Right to Privacy in the Workplace Act

Beginning January 1, 2025, amendments to the Right to Privacy in the Workplace Act will grant employees additional protections when flagged by an employment eligibility verification system (such as the federal E-Verify program) of a discrepancy in identification information between the employee’s name or social security number.

Before an employer can take an adverse action against an employee based on notification of a discrepancy (including reverification), the employer must first provide the employee with notice of the discrepancy as soon as practicable, but not more than 5 business days after the receipt of the notice, unless a shorter timeline is provided by federal law or a collective bargaining agreement. This notice must include an explanation for the discrepancy, the time in which the employee can contest the determination, and a statement that the employee may have a representative of their choosing present at any meeting, discussion, or proceeding with their employer or the inspecting entity.

Employers must also provide notice to each current employee of any inspections of I-9 Employment Eligibility Verification forms or other employment records by an investigating agency within 72 hours of receiving notice by posting a notice in the workplace. This notice must include the name of the investigating agency, the date the employer received notice of the inspection, and the nature of the inspection to the extent known by the employer, as well as a copy of the notice the employer received.

Employer Takeaway

Employers should be mindful of these notice requirements if they receive a notice of discrepancy from an employment eligibility verification system. Failure to follow these notice requirements can result in civil penalties from IDOL ranging from $2,000 to $5,000 per affected employee for a first violation and $5,000 to $10,000 for each subsequent violation per affected employee. Affected employees can also recover costs, attorney’s fees, and actual damages.

Illinois Workers Freedom of Speech Act Goes Into Effect

Starting January 1, 2025 the Illinois Worker Freedom of Speech Act (“WFOSA”) will take effect. The WFOSA prohibits employers from threatening, disciplining, and terminating employees who decline to attend or participate in employer-sponsored meetings related to political or religious matters or to receive communications about such meetings.

“Political matters” are matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization. “Religious matters” are matters relating to religious belief, affiliation, and practice and the decision to join or support any religious organization or association.

Employers will have 30 days from the effective date of January 1, 2025 to post a notice of employee rights under the WFOSA in the same area as other posted notices.

Employer Takeaway

Although legal challenges are currently pending, employers should be cautious about hosting employee meetings that could be considered a political or religious matter if WFOSA goes into effect on January 1. Employers should make sure that employee attendance and participation at any such meeting is voluntary and that this voluntary nature is well documented, as a prevailing employee can recover actual damages, attorney’s fees, and costs.

For more information on this or any related topic, please contact Nick Golding, Mark McAnulty, or any of the KDDK Labor and Employment Law professionals.

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