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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5211

Introduced 2/10/2026, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

775 ILCS 5/2-102

Amends the Illinois Human Rights Act. Makes it a civil rights
violation, unless required by applicable security regulations established
by the federal government or the State, for an employer to include a
statement in a job advertisement, posting, application, or other material
that an applicant must have a driver's license unless both of the following
conditions are satisfied: (1) the employer reasonably expects driving to
be one of the bona fide job functions for the position; and (2) the
employer reasonably believes that using an alternative form of
transportation is not comparable in travel time or cost to the employer.
Provides that an alternative form of transportation includes, but is not
limited to, any of the following: using a taxi or ride hailing service,
carpooling, bicycling, walking, or public transportation
LRB104 19025 JRC 32470 b

A BILL FOR

HB5211
LRB104 19025 JRC 32470 b
1

AN ACT concerning civil law.

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 Section 2-102 as follows:

6

(775 ILCS 5/2-102)
7

Sec. 2-102.
Civil rights violations; employment.
It is a
8
civil rights violation:
9

(A) Employers. For any employer to refuse to hire, to
10

segregate, to engage in harassment as defined in
11

subsection (E-1) of Section 2-101, or to act with respect
12

to recruitment, hiring, promotion, renewal of employment,
13

selection for training or apprenticeship, discharge,
14

discipline, tenure or terms, privileges or conditions of
15

employment on the basis of unlawful discrimination,
16

citizenship status, work authorization status, or family
17

responsibilities. An employer is responsible for
18

harassment by the employer's nonmanagerial and
19

nonsupervisory employees only if the employer becomes
20

aware of the conduct and fails to take reasonable
21

corrective measures.
22

(A-5) Language. For an employer to impose a
23

restriction that has the effect of prohibiting a language

HB5211
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LRB104 19025 JRC 32470 b
1

from being spoken by an employee in communications that
2

are unrelated to the employee's duties.
3

For the purposes of this subdivision (A-5), "language"
4

means a person's native tongue, such as Polish, Spanish,
5

or Chinese. "Language" does not include such things as
6

slang, jargon, profanity, or vulgarity.
7

(A-10) Harassment of nonemployees. For any employer,
8

employment agency, or labor organization to engage in
9

harassment of nonemployees in the workplace. An employer
10

is responsible for harassment of nonemployees by the
11

employer's nonmanagerial and nonsupervisory employees only
12

if the employer becomes aware of the conduct and fails to
13

take reasonable corrective measures. For the purposes of
14

this subdivision (A-10), "nonemployee" means a person who
15

is not otherwise an employee of the employer and is
16

directly performing services for the employer pursuant to
17

a contract with that employer. "Nonemployee" includes
18

contractors and consultants. This subdivision applies to
19

harassment occurring on or after January 1, 2020 (the
20

effective date of Public Act 101-221).
21

(B) Employment agency. For any employment agency to
22

fail or refuse to classify properly, accept applications
23

and register for employment referral or apprenticeship
24

referral, refer for employment, or refer for
25

apprenticeship on the basis of unlawful discrimination,
26

citizenship status, work authorization status, or family

HB5211
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LRB104 19025 JRC 32470 b
1

responsibilities or to accept from any person any job
2

order, requisition or request for referral of applicants
3

for employment or apprenticeship which makes or has the
4

effect of making unlawful discrimination or discrimination
5

on the basis of citizenship status, work authorization
6

status, or family responsibilities a condition of
7

referral.
8

(C) Labor organization. For any labor organization to
9

limit, segregate or classify its membership, or to limit
10

employment opportunities, selection and training for
11

apprenticeship in any trade or craft, or otherwise to
12

take, or fail to take, any action which affects adversely
13

any person's status as an employee or as an applicant for
14

employment or as an apprentice, or as an applicant for
15

apprenticeships, or wages, tenure, hours of employment or
16

apprenticeship conditions on the basis of unlawful
17

discrimination, citizenship status, work authorization
18

status, or family responsibilities.
19

(D) Sexual harassment. For any employer, employee,
20

agent of any employer, employment agency or labor
21

organization to engage in sexual harassment; provided,
22

that an employer shall be responsible for sexual
23

harassment of the employer's employees by nonemployees or
24

nonmanagerial and nonsupervisory employees only if the
25

employer becomes aware of the conduct and fails to take
26

reasonable corrective measures.

HB5211
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LRB104 19025 JRC 32470 b
1

(D-5) Sexual harassment of nonemployees. For any
2

employer, employee, agent of any employer, employment
3

agency, or labor organization to engage in sexual
4

harassment of nonemployees in the workplace. An employer
5

is responsible for sexual harassment of nonemployees by
6

the employer's nonmanagerial and nonsupervisory employees
7

only if the employer becomes aware of the conduct and
8

fails to take reasonable corrective measures. For the
9

purposes of this subdivision (D-5), "nonemployee" means a
10

person who is not otherwise an employee of the employer
11

and is directly performing services for the employer
12

pursuant to a contract with that employer. "Nonemployee"
13

includes contractors and consultants. This subdivision
14

applies to sexual harassment occurring on or after January
15

1, 2020 (the effective date of Public Act 101-221).
16

(E) Public employers. For any public employer to
17

refuse to permit a public employee under its jurisdiction
18

who takes time off from work in order to practice his or
19

her religious beliefs to engage in work, during hours
20

other than such employee's regular working hours,
21

consistent with the operational needs of the employer and
22

in order to compensate for work time lost for such
23

religious reasons. Any employee who elects such deferred
24

work shall be compensated at the wage rate which he or she
25

would have earned during the originally scheduled work
26

period. The employer may require that an employee who

HB5211
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LRB104 19025 JRC 32470 b
1

plans to take time off from work in order to practice his
2

or her religious beliefs provide the employer with a
3

notice of his or her intention to be absent from work not
4

exceeding 5 days prior to the date of absence.
5

(E-5) Religious discrimination. For any employer to
6

impose upon a person as a condition of obtaining or
7

retaining employment, including opportunities for
8

promotion, advancement, or transfer, any terms or
9

conditions that would require such person to violate or
10

forgo a sincerely held practice of his or her religion
11

including, but not limited to, the wearing of any attire,
12

clothing, or facial hair in accordance with the
13

requirements of his or her religion, unless, after
14

engaging in a bona fide effort, the employer demonstrates
15

that it is unable to reasonably accommodate the employee's
16

or prospective employee's sincerely held religious belief,
17

practice, or observance without undue hardship on the
18

conduct of the employer's business.
19

Nothing in this Section prohibits an employer from
20

enacting a dress code or grooming policy that may include
21

restrictions on attire, clothing, or facial hair to
22

maintain workplace safety or food sanitation.
23

(F) Training and apprenticeship programs. For any
24

employer, employment agency or labor organization to
25

discriminate against a person on the basis of age in the
26

selection, referral for or conduct of apprenticeship or

HB5211
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LRB104 19025 JRC 32470 b
1

training programs.
2

(G) Immigration-related practices.
3

(1) for an employer to request for purposes of
4

satisfying the requirements of Section 1324a(b) of
5

Title 8 of the United States Code, as now or hereafter
6

amended, more or different documents than are required
7

under such Section or to refuse to honor documents
8

tendered that on their face reasonably appear to be
9

genuine or to refuse to honor work authorization based
10

upon the specific status or term of status that
11

accompanies the authorization to work; or
12

(2) for an employer participating in the E-Verify
13

Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
14

Programs for Employment Eligibility Confirmation
15

(enacted by PL 104-208, div. C title IV, subtitle A) to
16

refuse to hire, to segregate, or to act with respect to
17

recruitment, hiring, promotion, renewal of employment,
18

selection for training or apprenticeship, discharge,
19

discipline, tenure or terms, privileges or conditions
20

of employment without following the procedures under
21

the E-Verify Program.
22

(H) (Blank).
23

(I) Pregnancy. For an employer to refuse to hire, to
24

segregate, or to act with respect to recruitment, hiring,
25

promotion, renewal of employment, selection for training
26

or apprenticeship, discharge, discipline, tenure or terms,

HB5211
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LRB104 19025 JRC 32470 b
1

privileges or conditions of employment on the basis of
2

pregnancy, childbirth, or medical or common conditions
3

related to pregnancy or childbirth. Women affected by
4

pregnancy, childbirth, or medical or common conditions
5

related to pregnancy or childbirth shall be treated the
6

same for all employment-related purposes, including
7

receipt of benefits under fringe benefit programs, as
8

other persons not so affected but similar in their ability
9

or inability to work, regardless of the source of the
10

inability to work or employment classification or status.
11

(J) Pregnancy; reasonable accommodations.
12

(1) If after a job applicant or employee,
13

including a part-time, full-time, or probationary
14

employee, requests a reasonable accommodation, for an
15

employer to not make reasonable accommodations for any
16

medical or common condition of a job applicant or
17

employee related to pregnancy or childbirth, unless
18

the employer can demonstrate that the accommodation
19

would impose an undue hardship on the ordinary
20

operation of the business of the employer. The
21

employer may request documentation from the employee's
22

health care provider concerning the need for the
23

requested reasonable accommodation or accommodations
24

to the same extent documentation is requested for
25

conditions related to disability if the employer's
26

request for documentation is job-related and

HB5211
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LRB104 19025 JRC 32470 b
1

consistent with business necessity. The employer may
2

require only the medical justification for the
3

requested accommodation or accommodations, a
4

description of the reasonable accommodation or
5

accommodations medically advisable, the date the
6

reasonable accommodation or accommodations became
7

medically advisable, and the probable duration of the
8

reasonable accommodation or accommodations. It is the
9

duty of the individual seeking a reasonable
10

accommodation or accommodations to submit to the
11

employer any documentation that is requested in
12

accordance with this paragraph. Notwithstanding the
13

provisions of this paragraph, the employer may require
14

documentation by the employee's health care provider
15

to determine compliance with other laws. The employee
16

and employer shall engage in a timely, good faith, and
17

meaningful exchange to determine effective reasonable
18

accommodations.
19

(2) For an employer to deny employment
20

opportunities or benefits to or take adverse action
21

against an otherwise qualified job applicant or
22

employee, including a part-time, full-time, or
23

probationary employee, if the denial or adverse action
24

is based on the need of the employer to make reasonable
25

accommodations to the known medical or common
26

conditions related to the pregnancy or childbirth of

HB5211
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LRB104 19025 JRC 32470 b
1

the applicant or employee.
2

(3) For an employer to require a job applicant or
3

employee, including a part-time, full-time, or
4

probationary employee, affected by pregnancy,
5

childbirth, or medical or common conditions related to
6

pregnancy or childbirth to accept an accommodation
7

when the applicant or employee did not request an
8

accommodation and the applicant or employee chooses
9

not to accept the employer's accommodation.
10

(4) For an employer to require an employee,
11

including a part-time, full-time, or probationary
12

employee, to take leave under any leave law or policy
13

of the employer if another reasonable accommodation
14

can be provided to the known medical or common
15

conditions related to the pregnancy or childbirth of
16

an employee. No employer shall fail or refuse to
17

reinstate the employee affected by pregnancy,
18

childbirth, or medical or common conditions related to
19

pregnancy or childbirth to her original job or to an
20

equivalent position with equivalent pay and
21

accumulated seniority, retirement, fringe benefits,
22

and other applicable service credits upon her
23

signifying her intent to return or when her need for
24

reasonable accommodation ceases, unless the employer
25

can demonstrate that the accommodation would impose an
26

undue hardship on the ordinary operation of the

HB5211
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LRB104 19025 JRC 32470 b
1

business of the employer.
2

For the purposes of this subdivision (J), "reasonable
3

accommodations" means reasonable modifications or
4

adjustments to the job application process or work
5

environment, or to the manner or circumstances under which
6

the position desired or held is customarily performed,
7

that enable an applicant or employee affected by
8

pregnancy, childbirth, or medical or common conditions
9

related to pregnancy or childbirth to be considered for
10

the position the applicant desires or to perform the
11

essential functions of that position, and may include, but
12

is not limited to: more frequent or longer bathroom
13

breaks, breaks for increased water intake, and breaks for
14

periodic rest; private non-bathroom space for expressing
15

breast milk and breastfeeding; seating; assistance with
16

manual labor; light duty; temporary transfer to a less
17

strenuous or hazardous position; the provision of an
18

accessible worksite; acquisition or modification of
19

equipment; job restructuring; a part-time or modified work
20

schedule; appropriate adjustment or modifications of
21

examinations, training materials, or policies;
22

reassignment to a vacant position; time off to recover
23

from conditions related to childbirth; and leave
24

necessitated by pregnancy, childbirth, or medical or
25

common conditions resulting from pregnancy or childbirth.
26

For the purposes of this subdivision (J), "undue

HB5211
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LRB104 19025 JRC 32470 b
1

hardship" means an action that is prohibitively expensive
2

or disruptive when considered in light of the following
3

factors: (i) the nature and cost of the accommodation
4

needed; (ii) the overall financial resources of the
5

facility or facilities involved in the provision of the
6

reasonable accommodation, the number of persons employed
7

at the facility, the effect on expenses and resources, or
8

the impact otherwise of the accommodation upon the
9

operation of the facility; (iii) the overall financial
10

resources of the employer, the overall size of the
11

business of the employer with respect to the number of its
12

employees, and the number, type, and location of its
13

facilities; and (iv) the type of operation or operations
14

of the employer, including the composition, structure, and
15

functions of the workforce of the employer, the geographic
16

separateness, administrative, or fiscal relationship of
17

the facility or facilities in question to the employer.
18

The employer has the burden of proving undue hardship. The
19

fact that the employer provides or would be required to
20

provide a similar accommodation to similarly situated
21

employees creates a rebuttable presumption that the
22

accommodation does not impose an undue hardship on the
23

employer.
24

No employer is required by this subdivision (J) to
25

create additional employment that the employer would not
26

otherwise have created, unless the employer does so or

HB5211
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LRB104 19025 JRC 32470 b
1

would do so for other classes of employees who need
2

accommodation. The employer is not required to discharge
3

any employee, transfer any employee with more seniority,
4

or promote any employee who is not qualified to perform
5

the job, unless the employer does so or would do so to
6

accommodate other classes of employees who need it.
7

(K) Notice.
8

(1) For an employer to fail to post or keep posted
9

in a conspicuous location on the premises of the
10

employer where notices to employees are customarily
11

posted, or fail to include in any employee handbook
12

information concerning an employee's rights under this
13

Article, a notice, to be prepared or approved by the
14

Department, summarizing the requirements of this
15

Article and information pertaining to the filing of a
16

charge, including the right to be free from unlawful
17

discrimination, the right to be free from sexual
18

harassment, and the right to certain reasonable
19

accommodations. The Department shall make the
20

documents required under this paragraph available for
21

retrieval from the Department's website.
22

(2) Upon notification of a violation of paragraph
23

(1) of this subdivision (K), the Department may launch
24

a preliminary investigation. If the Department finds a
25

violation, the Department may issue a notice to show
26

cause giving the employer 30 days to correct the

HB5211
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LRB104 19025 JRC 32470 b
1

violation. If the violation is not corrected, the
2

Department may initiate a charge of a civil rights
3

violation.
4

(L) Use of artificial intelligence.
5

(1) With respect to recruitment, hiring,
6

promotion, renewal of employment, selection for
7

training or apprenticeship, discharge, discipline,
8

tenure, or the terms, privileges, or conditions of
9

employment, for an employer to use artificial
10

intelligence that has the effect of subjecting
11

employees to discrimination on the basis of protected
12

classes under this Article or to use zip codes as a
13

proxy for protected classes under this Article.
14

(2) For an employer to fail to provide notice to an
15

employee that the employer is using artificial
16

intelligence for the purposes described in paragraph
17

(1).
18

The Department shall adopt any rules necessary for the
19

implementation and enforcement of this subdivision,
20

including, but not limited to, rules on the circumstances
21

and conditions that require notice, the time period for
22

providing notice, and the means for providing notice.
23

(M) It is a civil rights violation, unless required by
24

applicable security regulations established by the federal
25

government or the State, for an employer to include a
26

statement in a job advertisement, posting, application, or

HB5211
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LRB104 19025 JRC 32470 b
1

other material that an applicant must have a driver's
2

license unless both of the following conditions are
3

satisfied:
4

(1) the employer reasonably expects driving to be
5

one of the bona fide job functions for the position;
6

and
7

(2) the employer reasonably believes that using an
8

alternative form of transportation is not comparable
9

in travel time or cost to the employer.
10

For purposes of this subsection, an alternative form of
11
transportation includes, but is not limited to, any of the
12
following:
13

(A) A taxi or ride hailing service.
14

(B) Carpooling.
15

(C) Bicycling.
16

(D) Walking.
17

(E) Public transportation.

18
(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26;
19
104-417, eff. 8-15-25
.)

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