HUMAN RIGHTS-MENOPAUSE CARE

Illinois General Assembly - Full Text of HB5284

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HB5284 - 104th General Assembly

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HB5284 Enrolled
LRB104 18383 JRC 31825 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 1.
This Act may be referred to as the Illinois
5
Menopause Equity and Care Act.

6

Section 3.
Legislative purpose and intent.
The purpose of
7
this Act is to improve awareness, understanding, and quality
8
of care for individuals experiencing menopause. This Act
9
encourages voluntary professional education and promotes
10
equitable, patient-based care throughout Illinois. This Act
11
also recognizes menopause-related conditions as a factor for
12
consideration under workplace protections and health equity
13
initiatives.

14

Section 5.
The Department of Public Health Powers and
15
Duties Law of the Civil Administrative Code of Illinois is
16
amended by adding Section 2310-750 as follows:

17

(20 ILCS 2310/2310-750 new)
18

Sec. 2310-750.
Menopause-related conditions awareness.
19

(a) The Department of Public Health must develop and make
20
publicly available educational materials regarding menopause
21
and perimenopause.

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

(b) The materials shall include, but are not limited to:
2

(1) common symptoms;
3

(2) evidence-based treatment options; and
4

(3) patient rights and available resources.
5

(c) The Department shall make materials available on its
6
website and may disseminate the materials through public
7
outreach efforts.
8

(d) The Department may designate and promote an annual
9
Menopause Awareness Week.

10

Section 10.
The Illinois Insurance Code is amended by
11
changing Sections 356z.56 and 356z.74 as follows:

12

(215 ILCS 5/356z.56)
13

Sec. 356z.56.
Coverage for hormonal and non-hormonal
14
therapy to treat menopause
and perimenopause
.
A group or
15
individual policy of accident and health insurance or a
16
managed care plan that is amended, delivered, issued, or
17
renewed in this State shall provide coverage for medically
18
necessary hormone therapy treatment to treat menopause that
19
has been induced by a hysterectomy. This coverage applies only
20
to coverage provided on or after January 1, 2024 and before
21
January 1, 2026.
22

A group or individual policy of accident and health
23
insurance or a managed care plan that is amended, delivered,
24
issued, or renewed on or after January 1, 2026 shall provide

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
coverage for medically necessary hormonal and non-hormonal
2
therapy to treat menopausal
and perimenopausal
symptoms
or
3
conditions
if the therapy is recommended by a qualified health
4
care provider who is licensed, accredited, or certified under
5
Illinois law and the therapy has been proven safe and
6
effective in peer-reviewed scientific studies
and is
7
prescribed in accordance with current evidence-based
8
guidelines
. Coverage for therapy to treat menopausal
and
9
perimenopausal
symptoms
or conditions
shall include all
10
federal Food and Drug Administration-approved modalities of
11
hormonal and non-hormonal administration, including, but not
12
limited to, oral, transdermal, topical, and vaginal rings.
13
Coverage shall include medications for menopause-related
14
osteoporosis and non-hormonal therapies for vasomotor
15
symptoms.

16
(Source: P.A. 102-804, eff. 1-1-23; 103-154, eff. 6-30-23;
17
103-703, eff. 1-1-26
.)

18

(215 ILCS 5/356z.74)
19

Sec. 356z.74.
Coverage for annual menopause
and
20
perimenopause
health visit.
A group or individual policy of
21
accident and health insurance providing coverage for more than
22
25 employees that is amended, delivered, issued, or renewed on
23
or after January 1, 2026 shall provide, for individuals 45
24
years of age and older, coverage for an annual menopause
or
25
perimenopause
health visit. A policy subject to this Section

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
shall not impose a deductible, coinsurance, copayment, or any
2
other cost-sharing requirement on the coverage provided;
3
except that this Section does not apply to this coverage to the
4
extent such coverage would disqualify a high-deductible health
5
plan from eligibility for a health savings account pursuant to
6
Section 223 of the Internal Revenue Code.
7
(Source: P.A. 103-751, eff. 8-2-24; 104-417, eff. 8-15-25.)

8

Section 15.
The Medical Practice Act of 1987 is amended by
9
changing Section 20 as follows:

10

(225 ILCS 60/20)

(from Ch. 111, par. 4400-20)
11

(Section scheduled to be repealed on January 1, 2027)
12

Sec. 20.
Continuing education.
The Department shall
13
promulgate rules of continuing education for persons licensed
14
under this Act that require an average of 50 hours of
15
continuing education per license year. These rules shall be
16
consistent with requirements of relevant professional
17
associations, specialty societies, or boards. The rules shall
18
also address variances in part or in whole for good cause,
19
including, but not limited to, temporary illness or hardship.
20
In establishing these rules, the Department shall consider
21
educational requirements for medical staffs, requirements for
22
specialty society board certification or for continuing
23
education requirements as a condition of membership in
24
societies representing the 2 categories of licensee under this

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
Act. These rules shall assure that licensees are given the
2
opportunity to participate in those programs sponsored by or
3
through their professional associations or hospitals which are
4
relevant to their practice. Each licensee is responsible for
5
maintaining records of completion of continuing education and
6
shall be prepared to produce the records when requested by the
7
Department.

8

The Department of Public Health may make voluntary
9
educational resources on evidence-based practices for managing
10
menopause available to support clinicians in providing
11
patient-based care. Participation in these resources is
12
entirely voluntary and is not required for licensure,
13
certification, or professional compliance.

14
(Source: P.A. 97-622, eff. 11-23-11
.)

15

Section 20.
The Illinois Human Rights Act is amended by
16
changing Sections 1-103 and 2-102 as follows:

17

(775 ILCS 5/1-103)

(from Ch. 68, par. 1-103)
18

Sec. 1-103.
General definitions.
When used in this Act,
19
unless the context requires otherwise, the term:
20

(A) Age. "Age" means the chronological age of a person who
21
is at least 40 years old, except with regard to any practice
22
described in Section 2-102, insofar as that practice concerns
23
training or apprenticeship programs. In the case of training
24
or apprenticeship programs, for the purposes of Section 2-102,

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
"age" means the chronological age of a person who is 18 but not
2
yet 40 years old.
3

(B) Aggrieved party. "Aggrieved party" means a person who
4
is alleged or proved to have been injured by a civil rights
5
violation or believes he or she will be injured by a civil
6
rights violation under Article 3 that is about to occur.
7

(B-5) Arrest record. "Arrest record" means:
8

(1) an arrest not leading to a conviction;
9

(2) a juvenile record; or
10

(3) criminal history record information ordered
11

expunged, sealed, or impounded under Section 5.2 of the
12

Criminal Identification Act.
13

(C) Charge. "Charge" means an allegation filed with the
14
Department by an aggrieved party or initiated by the
15
Department under its authority.
16

(D) Civil rights violation. "Civil rights violation"
17
includes and shall be limited to only those specific acts set
18
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
19
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
20
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
21

(E) Commission. "Commission" means the Human Rights
22
Commission created by this Act.
23

(F) Complaint. "Complaint" means the formal pleading filed
24
by the Department with the Commission following an
25
investigation and finding of substantial evidence of a civil
26
rights violation.

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

(G) Complainant. "Complainant" means a person including
2
the Department who files a charge of civil rights violation
3
with the Department or the Commission.
4

(G-5) Conviction record. "Conviction record" means
5
information indicating that a person has been convicted of a
6
felony, misdemeanor or other criminal offense, placed on
7
probation, fined, imprisoned, or paroled pursuant to any law
8
enforcement or military authority.
9

(H) Department. "Department" means the Department of Human
10
Rights created by this Act.
11

(I) Disability.
12

(1) "Disability" means a determinable physical or mental
13
characteristic of a person, including, but not limited to, a
14
determinable physical characteristic which necessitates the
15
person's use of a guide, hearing or support dog, the history of
16
such characteristic, or the perception of such characteristic
17
by the person complained against, which may result from
18
disease, injury, congenital condition of birth or functional
19
disorder and which characteristic:
20

(a) For purposes of Article 2, is unrelated to the
21

person's ability to perform the duties of a particular job
22

or position and, pursuant to Section 2-104 of this Act, a
23

person's illegal use of drugs or alcohol is not a
24

disability;
25

(b) For purposes of Article 3, is unrelated to the
26

person's ability to acquire, rent, or maintain a housing

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

accommodation;
2

(c) For purposes of Article 4, is unrelated to a
3

person's ability to repay;
4

(d) For purposes of Article 5, is unrelated to a
5

person's ability to utilize and benefit from a place of
6

public accommodation;
7

(e) For purposes of Article 5, also includes any
8

mental, psychological, or developmental disability,
9

including autism spectrum disorders.
10

(2) Discrimination based on disability includes unlawful
11
discrimination against an individual because of the
12
individual's association with a person with a disability.
13

(J) Marital status. "Marital status" means the legal
14
status of being married, single, separated, divorced, or
15
widowed.
16

(J-1) Military status. "Military status" means a person's
17
status on active duty in or status as a veteran of the armed
18
forces of the United States, status as a current member or
19
veteran of any reserve component of the armed forces of the
20
United States, including the United States Army Reserve,
21
United States Marine Corps Reserve, United States Navy
22
Reserve, United States Air Force Reserve, and United States
23
Coast Guard Reserve, or status as a current member or veteran
24
of the Illinois Army National Guard or Illinois Air National
25
Guard.
26

(J-5) Menopause-related condition. "Menopause-related

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
condition" means perimenopause, menopause, and associated
2
medical or symptomatic conditions that include, but are not
3
limited to, vasomotor symptoms, sleep disruption, cognitive or
4
mood changes, and osteoporosis-related changes.

5

(K) National origin. "National origin" means the place in
6
which a person or one of his or her ancestors was born.
7

(K-5) "Order of protection status" means a person's status
8
as being a person protected under an order of protection
9
issued pursuant to the Illinois Domestic Violence Act of 1986,
10
Article 112A of the Code of Criminal Procedure of 1963, the
11
Stalking No Contact Order Act, or the Civil No Contact Order
12
Act, or an order of protection issued by a court of another
13
state.
14

(L) Person. "Person" includes one or more individuals,
15
partnerships, associations or organizations, labor
16
organizations, labor unions, joint apprenticeship committees,
17
or union labor associations, corporations, the State of
18
Illinois and its instrumentalities, political subdivisions,
19
units of local government, legal representatives, trustees in
20
bankruptcy or receivers.
21

(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
22
or medical or common conditions related to pregnancy or
23
childbirth
, including menopause-related conditions
.

24

(M) Public contract. "Public contract" includes every
25
contract to which the State, any of its political
26
subdivisions, or any municipal corporation is a party.

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

(M-5) Race. "Race" includes traits associated with race,
2
including, but not limited to, hair texture and protective
3
hairstyles such as braids, locks, and twists.
4

(N) Religion. "Religion" includes all aspects of religious
5
observance and practice, as well as belief, except that with
6
respect to employers, for the purposes of Article 2,
7
"religion" has the meaning ascribed to it in paragraph (F) of
8
Section 2-101.
9

(O) Sex. "Sex" means the status of being male or female.
10

(O-1) Sexual orientation. "Sexual orientation" means
11
actual or perceived heterosexuality, homosexuality,
12
bisexuality, or gender-related identity, whether or not
13
traditionally associated with the person's designated sex at
14
birth. "Sexual orientation" does not include a physical or
15
sexual attraction to a minor by an adult.
16

(O-2) Reproductive Health Decisions. "Reproductive Health
17
Decisions" means a person's decisions regarding the person's
18
use of: contraception; fertility or sterilization care;
19
assisted reproductive technologies; miscarriage management
20
care; healthcare related to the continuation or termination of
21
pregnancy; or prenatal, intranatal, or postnatal care.
22

(O-5) Source of income. "Source of income" means the
23
lawful manner by which an individual supports himself or
24
herself and his or her dependents.
25

(P) Unfavorable military discharge. "Unfavorable military
26
discharge" includes discharges from the Armed Forces of the

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1
United States, their Reserve components, or any National Guard
2
or Naval Militia which are classified as RE-3 or the
3
equivalent thereof, but does not include those characterized
4
as RE-4 or "Dishonorable".
5

(Q) Unlawful discrimination. "Unlawful discrimination"
6
means discrimination against a person because of his or her
7
actual or perceived: race, color, religion, national origin,
8
ancestry, age, sex, marital status, order of protection
9
status, disability, military status, sexual orientation,
10
pregnancy, reproductive health decisions, or unfavorable
11
discharge from military service as those terms are defined in
12
this Section.
13
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
14
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
15
1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
16
eff. 1-1-25
.)

17

(775 ILCS 5/2-102)
18

Sec. 2-102.
Civil rights violations; employment.
It is a
19
civil rights violation:
20

(A) Employers. For any employer to refuse to hire, to
21

segregate, to engage in harassment as defined in
22

subsection (E-1) of Section 2-101, or to act with respect
23

to recruitment, hiring, promotion, renewal of employment,
24

selection for training or apprenticeship, discharge,
25

discipline, tenure or terms, privileges or conditions of

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

employment on the basis of unlawful discrimination,
2

citizenship status, work authorization status, or family
3

responsibilities. An employer is responsible for
4

harassment by the employer's nonmanagerial and
5

nonsupervisory employees only if the employer becomes
6

aware of the conduct and fails to take reasonable
7

corrective measures.
8

(A-5) Language. For an employer to impose a
9

restriction that has the effect of prohibiting a language
10

from being spoken by an employee in communications that
11

are unrelated to the employee's duties.
12

For the purposes of this subdivision (A-5), "language"
13

means a person's native tongue, such as Polish, Spanish,
14

or Chinese. "Language" does not include such things as
15

slang, jargon, profanity, or vulgarity.
16

(A-10) Harassment of nonemployees. For any employer,
17

employment agency, or labor organization to engage in
18

harassment of nonemployees in the workplace. An employer
19

is responsible for harassment of nonemployees by the
20

employer's nonmanagerial and nonsupervisory employees only
21

if the employer becomes aware of the conduct and fails to
22

take reasonable corrective measures. For the purposes of
23

this subdivision (A-10), "nonemployee" means a person who
24

is not otherwise an employee of the employer and is
25

directly performing services for the employer pursuant to
26

a contract with that employer. "Nonemployee" includes

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

contractors and consultants. This subdivision applies to
2

harassment occurring on or after January 1, 2020 (the
3

effective date of Public Act 101-221).
4

(B) Employment agency. For any employment agency to
5

fail or refuse to classify properly, accept applications
6

and register for employment referral or apprenticeship
7

referral, refer for employment, or refer for
8

apprenticeship on the basis of unlawful discrimination,
9

citizenship status, work authorization status, or family
10

responsibilities or to accept from any person any job
11

order, requisition or request for referral of applicants
12

for employment or apprenticeship which makes or has the
13

effect of making unlawful discrimination or discrimination
14

on the basis of citizenship status, work authorization
15

status, or family responsibilities a condition of
16

referral.
17

(C) Labor organization. For any labor organization to
18

limit, segregate or classify its membership, or to limit
19

employment opportunities, selection and training for
20

apprenticeship in any trade or craft, or otherwise to
21

take, or fail to take, any action which affects adversely
22

any person's status as an employee or as an applicant for
23

employment or as an apprentice, or as an applicant for
24

apprenticeships, or wages, tenure, hours of employment or
25

apprenticeship conditions on the basis of unlawful
26

discrimination, citizenship status, work authorization

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

status, or family responsibilities.
2

(D) Sexual harassment. For any employer, employee,
3

agent of any employer, employment agency or labor
4

organization to engage in sexual harassment; provided,
5

that an employer shall be responsible for sexual
6

harassment of the employer's employees by nonemployees or
7

nonmanagerial and nonsupervisory employees only if the
8

employer becomes aware of the conduct and fails to take
9

reasonable corrective measures.
10

(D-5) Sexual harassment of nonemployees. For any
11

employer, employee, agent of any employer, employment
12

agency, or labor organization to engage in sexual
13

harassment of nonemployees in the workplace. An employer
14

is responsible for sexual harassment of nonemployees by
15

the employer's nonmanagerial and nonsupervisory employees
16

only if the employer becomes aware of the conduct and
17

fails to take reasonable corrective measures. For the
18

purposes of this subdivision (D-5), "nonemployee" means a
19

person who is not otherwise an employee of the employer
20

and is directly performing services for the employer
21

pursuant to a contract with that employer. "Nonemployee"
22

includes contractors and consultants. This subdivision
23

applies to sexual harassment occurring on or after January
24

1, 2020 (the effective date of Public Act 101-221).
25

(E) Public employers. For any public employer to
26

refuse to permit a public employee under its jurisdiction

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

who takes time off from work in order to practice his or
2

her religious beliefs to engage in work, during hours
3

other than such employee's regular working hours,
4

consistent with the operational needs of the employer and
5

in order to compensate for work time lost for such
6

religious reasons. Any employee who elects such deferred
7

work shall be compensated at the wage rate which he or she
8

would have earned during the originally scheduled work
9

period. The employer may require that an employee who
10

plans to take time off from work in order to practice his
11

or her religious beliefs provide the employer with a
12

notice of his or her intention to be absent from work not
13

exceeding 5 days prior to the date of absence.
14

(E-5) Religious discrimination. For any employer to
15

impose upon a person as a condition of obtaining or
16

retaining employment, including opportunities for
17

promotion, advancement, or transfer, any terms or
18

conditions that would require such person to violate or
19

forgo a sincerely held practice of his or her religion
20

including, but not limited to, the wearing of any attire,
21

clothing, or facial hair in accordance with the
22

requirements of his or her religion, unless, after
23

engaging in a bona fide effort, the employer demonstrates
24

that it is unable to reasonably accommodate the employee's
25

or prospective employee's sincerely held religious belief,
26

practice, or observance without undue hardship on the

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

conduct of the employer's business.
2

Nothing in this Section prohibits an employer from
3

enacting a dress code or grooming policy that may include
4

restrictions on attire, clothing, or facial hair to
5

maintain workplace safety or food sanitation.
6

(F) Training and apprenticeship programs. For any
7

employer, employment agency or labor organization to
8

discriminate against a person on the basis of age in the
9

selection, referral for or conduct of apprenticeship or
10

training programs.
11

(G) Immigration-related practices.
12

(1) for an employer to request for purposes of
13

satisfying the requirements of Section 1324a(b) of
14

Title 8 of the United States Code, as now or hereafter
15

amended, more or different documents than are required
16

under such Section or to refuse to honor documents
17

tendered that on their face reasonably appear to be
18

genuine or to refuse to honor work authorization based
19

upon the specific status or term of status that
20

accompanies the authorization to work; or
21

(2) for an employer participating in the E-Verify
22

Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
23

Programs for Employment Eligibility Confirmation
24

(enacted by PL 104-208, div. C title IV, subtitle A) to
25

refuse to hire, to segregate, or to act with respect to
26

recruitment, hiring, promotion, renewal of employment,

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

selection for training or apprenticeship, discharge,
2

discipline, tenure or terms, privileges or conditions
3

of employment without following the procedures under
4

the E-Verify Program.
5

(H) (Blank).
6

(I) Pregnancy. For an employer to refuse to hire, to
7

segregate, or to act with respect to recruitment, hiring,
8

promotion, renewal of employment, selection for training
9

or apprenticeship, discharge, discipline, tenure or terms,
10

privileges or conditions of employment on the basis of
11

pregnancy, childbirth, or medical or common conditions
12

related to pregnancy or childbirth. Women affected by
13

pregnancy, childbirth, or medical or common conditions
14

related to pregnancy or childbirth shall be treated the
15

same for all employment-related purposes, including
16

receipt of benefits under fringe benefit programs, as
17

other persons not so affected but similar in their ability
18

or inability to work, regardless of the source of the
19

inability to work or employment classification or status.
20

(J) Pregnancy; reasonable accommodations.
21

(1) If after a job applicant or employee,
22

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

employee, requests a reasonable accommodation, for an
24

employer to not make reasonable accommodations for any
25

medical or common condition of a job applicant or
26

employee related to pregnancy or childbirth, unless

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

the employer can demonstrate that the accommodation
2

would impose an undue hardship on the ordinary
3

operation of the business of the employer. The
4

employer may request documentation from the employee's
5

health care provider concerning the need for the
6

requested reasonable accommodation or accommodations
7

to the same extent documentation is requested for
8

conditions related to disability if the employer's
9

request for documentation is job-related and
10

consistent with business necessity. The employer may
11

require only the medical justification for the
12

requested accommodation or accommodations, a
13

description of the reasonable accommodation or
14

accommodations medically advisable, the date the
15

reasonable accommodation or accommodations became
16

medically advisable, and the probable duration of the
17

reasonable accommodation or accommodations. It is the
18

duty of the individual seeking a reasonable
19

accommodation or accommodations to submit to the
20

employer any documentation that is requested in
21

accordance with this paragraph. Notwithstanding the
22

provisions of this paragraph, the employer may require
23

documentation by the employee's health care provider
24

to determine compliance with other laws. The employee
25

and employer shall engage in a timely, good faith, and
26

meaningful exchange to determine effective reasonable

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

accommodations.
2

(2) For an employer to deny employment
3

opportunities or benefits to or take adverse action
4

against an otherwise qualified job applicant or
5

employee, including a part-time, full-time, or
6

probationary employee, if the denial or adverse action
7

is based on the need of the employer to make reasonable
8

accommodations to the known medical or common
9

conditions related to the pregnancy or childbirth of
10

the applicant or employee.
11

(3) For an employer to require a job applicant or
12

employee, including a part-time, full-time, or
13

probationary employee, affected by pregnancy,
14

childbirth, or medical or common conditions related to
15

pregnancy or childbirth to accept an accommodation
16

when the applicant or employee did not request an
17

accommodation and the applicant or employee chooses
18

not to accept the employer's accommodation.
19

(4) For an employer to require an employee,
20

including a part-time, full-time, or probationary
21

employee, to take leave under any leave law or policy
22

of the employer if another reasonable accommodation
23

can be provided to the known medical or common
24

conditions related to the pregnancy or childbirth of
25

an employee. No employer shall fail or refuse to
26

reinstate the employee affected by pregnancy,

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

childbirth, or medical or common conditions related to
2

pregnancy or childbirth to her original job or to an
3

equivalent position with equivalent pay and
4

accumulated seniority, retirement, fringe benefits,
5

and other applicable service credits upon her
6

signifying her intent to return or when her need for
7

reasonable accommodation ceases, unless the employer
8

can demonstrate that the accommodation would impose an
9

undue hardship on the ordinary operation of the
10

business of the employer.
11

For the purposes of this subdivision (J), "reasonable
12

accommodations" means reasonable modifications or
13

adjustments to the job application process or work
14

environment, or to the manner or circumstances under which
15

the position desired or held is customarily performed,
16

that enable an applicant or employee affected by
17

pregnancy, childbirth, or medical or common conditions
18

related to pregnancy or childbirth to be considered for
19

the position the applicant desires or to perform the
20

essential functions of that position, and may include, but
21

is not limited to: more frequent or longer bathroom
22

breaks, breaks for increased water intake, and breaks for
23

periodic rest; private non-bathroom space for expressing
24

breast milk and breastfeeding; seating; assistance with
25

manual labor; light duty; temporary transfer to a less
26

strenuous or hazardous position; the provision of an

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

accessible worksite; acquisition or modification of
2

equipment; job restructuring; a part-time or modified work
3

schedule; appropriate adjustment or modifications of
4

examinations, training materials, or policies;
flexible
5

scheduling or modified work hours; temperature or
6

climate-adjusted workspace;
reassignment to a vacant
7

position; time off to recover from conditions related to
8

childbirth; and leave necessitated by pregnancy,
9

childbirth, or medical or common conditions resulting from
10

pregnancy or childbirth.
11

For the purposes of this subdivision (J), "undue
12

hardship" means an action that is prohibitively expensive
13

or disruptive when considered in light of the following
14

factors: (i) the nature and cost of the accommodation
15

needed; (ii) the overall financial resources of the
16

facility or facilities involved in the provision of the
17

reasonable accommodation, the number of persons employed
18

at the facility, the effect on expenses and resources, or
19

the impact otherwise of the accommodation upon the
20

operation of the facility; (iii) the overall financial
21

resources of the employer, the overall size of the
22

business of the employer with respect to the number of its
23

employees, and the number, type, and location of its
24

facilities; and (iv) the type of operation or operations
25

of the employer, including the composition, structure, and
26

functions of the workforce of the employer, the geographic

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

separateness, administrative, or fiscal relationship of
2

the facility or facilities in question to the employer.
3

The employer has the burden of proving undue hardship. The
4

fact that the employer provides or would be required to
5

provide a similar accommodation to similarly situated
6

employees creates a rebuttable presumption that the
7

accommodation does not impose an undue hardship on the
8

employer.
9

No employer is required by this subdivision (J) to
10

create additional employment that the employer would not
11

otherwise have created, unless the employer does so or
12

would do so for other classes of employees who need
13

accommodation. The employer is not required to discharge
14

any employee, transfer any employee with more seniority,
15

or promote any employee who is not qualified to perform
16

the job, unless the employer does so or would do so to
17

accommodate other classes of employees who need it.
18

(K) Notice.
19

(1) For an employer to fail to post or keep posted
20

in a conspicuous location on the premises of the
21

employer where notices to employees are customarily
22

posted, or fail to include in any employee handbook
23

information concerning an employee's rights under this
24

Article, a notice, to be prepared or approved by the
25

Department, summarizing the requirements of this
26

Article and information pertaining to the filing of a

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

charge, including the right to be free from unlawful
2

discrimination, the right to be free from sexual
3

harassment, and the right to certain reasonable
4

accommodations
, including the right to reasonable
5

accommodations for pregnancy, which includes the right
6

to reasonable accommodations for menopause-related
7

conditions
. The Department shall make the documents
8

required under this paragraph available for retrieval
9

from the Department's website.
10

(2) Upon notification of a violation of paragraph
11

(1) of this subdivision (K), the Department may launch
12

a preliminary investigation. If the Department finds a
13

violation, the Department may issue a notice to show
14

cause giving the employer 30 days to correct the
15

violation. If the violation is not corrected, the
16

Department may initiate a charge of a civil rights
17

violation.
18

(L) Use of artificial intelligence.
19

(1) With respect to recruitment, hiring,
20

promotion, renewal of employment, selection for
21

training or apprenticeship, discharge, discipline,
22

tenure, or the terms, privileges, or conditions of
23

employment, for an employer to use artificial
24

intelligence that has the effect of subjecting
25

employees to discrimination on the basis of protected
26

classes under this Article or to use zip codes as a

HB5284 Enrolled
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LRB104 18383 JRC 31825 b
1

proxy for protected classes under this Article.
2

(2) For an employer to fail to provide notice to an
3

employee that the employer is using artificial
4

intelligence for the purposes described in paragraph
5

(1).
6

The Department shall adopt any rules necessary for the
7

implementation and enforcement of this subdivision,
8

including, but not limited to, rules on the circumstances
9

and conditions that require notice, the time period for
10

providing notice, and the means for providing notice.
11
(Source: P.A. 103-797, eff. 1-1-25; 103-804, eff. 1-1-26;
12
104-417, eff. 8-15-25
.)

13

Section 97.
Severability.
The provisions of this Act are
14
severable under Section 1.31 of the Statute on Statutes.

15

Section 99.
Effective date.
This Act takes effect January
16
1, 2027, except that the changes to Sections 356z.56 and
17
356z.74 of the Illinois Insurance Code take effect January 1,
18
2028.

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