Employment discrimination against individuals with or perceived to have family caregiving responsibilities is unlawful in Illinois under a law taking effect on Jan. 1, 2025.
On Aug. 9, 2024, Gov. JB Pritzker signed House Bill 2161, Illinois’ family caregiver discrimination legislation, adding Illinois to the small but growing list of states with such protections.
Specifically, the legislation amends the state’s employment discrimination law to make it unlawful to refuse to hire, deny a promotion to, or discharge an employee based on the employee’s “actual or perceived” responsibility to provide “personal care” to a family member.
HB 2161 adds “family responsibilities” to the list of protected classes under the Illinois Human Rights Act. The term “family responsibilities” is defined as “an employee’s actual or perceived provision of personal care to a family member.” The law refers to definitions under the Illinois Employee Sick Leave Act, which defines “personal care” as “activities to ensure that a covered family member’s basic medical, hygiene, nutritional, or safety needs are met,” which includes providing transportation to/from medical appointments and offering emotional support for a covered family member receiving in-home care for a serious health condition. The act defines “covered family member” as “an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or...
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