HB5284: HUMAN RIGHTS-MENOPAUSE CARE

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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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 - 13 - 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 - 14 - 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 - 15 - 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 - 16 - 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 - 17 - 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 - 18 - 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 - 19 - 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 - 20 - 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 - 21 - 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 - 22 - 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 - 23 - 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 - 24 - 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.