Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies.
Longer Statute of Limitations Period
Under SB3310, effective January 1, 2025, the deadline for filing an administrative charge with the Illinois Department of Human Rights based upon employment discrimination, harassment, or retaliation—formerly 300 calendar days—is extended to two years after the date that a civil rights violation allegedly has been committed.
Illinois now has one of the longest statute of limitations for state employment discrimination claims. Most states have 180- or 300-day limitations periods. Yet Arkansas, California, the District of Columbia, Florida, Idaho, Minnesota, New York, Ohio, Oregon, Rhode Island, Vermont, West Virginia, and now Illinois have all joined the growing trend to extend these deadlines beyond the federal requirement.
No changes have been made to the limitations period for federal employment discrimination claims brought in Illinois, which must still be filed with the Equal Employment Opportunity Commission within 300 calendar days from the day the alleged discrimination took place. However, this amendment allows employment discrimination claims to proceed under the IHRA where they may be otherwise barred as untimely under Title VII.
Employers may need to...
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