HB 5284

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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,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Illinois
5Menopause Equity and Care Act.
6    Section 3. Legislative purpose and intent. The purpose of
7this Act is to improve awareness, understanding, and quality
8of care for individuals experiencing menopause. This Act
9encourages voluntary professional education and promotes
10equitable, patient-based care throughout Illinois. This Act
11also recognizes menopause-related conditions as a factor for
12consideration under workplace protections and health equity
13initiatives.
14    Section 5. The Department of Public Health Powers and
15Duties Law of the Civil Administrative Code of Illinois is
16amended 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 
20publicly available educational materials regarding menopause 
21and 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 
6website and may disseminate the materials through public 
7outreach efforts.
8    (d) The Department may designate and promote an annual 
9Menopause Awareness Week.
10    Section 10. The Illinois Insurance Code is amended by
11changing Sections 356z.56 and 356z.74 as follows:
12    (215 ILCS 5/356z.56)
13    Sec. 356z.56. Coverage for hormonal and non-hormonal
14therapy to treat menopause and perimenopause. A group or
15individual policy of accident and health insurance or a
16managed care plan that is amended, delivered, issued, or
17renewed in this State shall provide coverage for medically
18necessary hormone therapy treatment to treat menopause that
19has been induced by a hysterectomy. This coverage applies only
20to coverage provided on or after January 1, 2024 and before
21January 1, 2026.
22    A group or individual policy of accident and health
23insurance or a managed care plan that is amended, delivered,
24issued, or renewed on or after January 1, 2026 shall provide
		HB5284 Enrolled	- 3 -	LRB104 18383 JRC 31825 b
1coverage for medically necessary hormonal and non-hormonal
2therapy to treat menopausal and perimenopausal symptoms or 
3conditions if the therapy is recommended by a qualified health
4care provider who is licensed, accredited, or certified under
5Illinois law and the therapy has been proven safe and
6effective in peer-reviewed scientific studies and is 
7prescribed in accordance with current evidence-based 
8guidelines. Coverage for therapy to treat menopausal and 
9perimenopausal symptoms or conditions shall include all
10federal Food and Drug Administration-approved modalities of
11hormonal and non-hormonal administration, including, but not
12limited to, oral, transdermal, topical, and vaginal rings.
13Coverage shall include medications for menopause-related 
14osteoporosis and non-hormonal therapies for vasomotor 
15symptoms.
16(Source: P.A. 102-804, eff. 1-1-23; 103-154, eff. 6-30-23;
17103-703, eff. 1-1-26.)
18    (215 ILCS 5/356z.74)
19    Sec. 356z.74. Coverage for annual menopause and 
20perimenopause health visit. A group or individual policy of
21accident and health insurance providing coverage for more than
2225 employees that is amended, delivered, issued, or renewed on
23or after January 1, 2026 shall provide, for individuals 45
24years of age and older, coverage for an annual menopause or 
25perimenopause health visit. A policy subject to this Section
		HB5284 Enrolled	- 4 -	LRB104 18383 JRC 31825 b
1shall not impose a deductible, coinsurance, copayment, or any
2other cost-sharing requirement on the coverage provided;
3except that this Section does not apply to this coverage to the
4extent such coverage would disqualify a high-deductible health
5plan from eligibility for a health savings account pursuant to
6Section 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
9changing 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
13promulgate rules of continuing education for persons licensed
14under this Act that require an average of 50 hours of
15continuing education per license year. These rules shall be
16consistent with requirements of relevant professional
17associations, specialty societies, or boards. The rules shall
18also address variances in part or in whole for good cause,
19including, but not limited to, temporary illness or hardship.
20In establishing these rules, the Department shall consider
21educational requirements for medical staffs, requirements for
22specialty society board certification or for continuing
23education requirements as a condition of membership in
24societies representing the 2 categories of licensee under this
		HB5284 Enrolled	- 5 -	LRB104 18383 JRC 31825 b
1Act. These rules shall assure that licensees are given the
2opportunity to participate in those programs sponsored by or
3through their professional associations or hospitals which are
4relevant to their practice. Each licensee is responsible for
5maintaining records of completion of continuing education and
6shall be prepared to produce the records when requested by the
7Department.
8    The Department of Public Health may make voluntary 
9educational resources on evidence-based practices for managing 
10menopause available to support clinicians in providing 
11patient-based care. Participation in these resources is 
12entirely voluntary and is not required for licensure, 
13certification, or professional compliance.
14(Source: P.A. 97-622, eff. 11-23-11.)
15    Section 20. The Illinois Human Rights Act is amended by
16changing 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,
19unless the context requires otherwise, the term:
20    (A) Age. "Age" means the chronological age of a person who
21is at least 40 years old, except with regard to any practice
22described in Section 2-102, insofar as that practice concerns
23training or apprenticeship programs. In the case of training
24or 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
2yet 40 years old.
3    (B) Aggrieved party. "Aggrieved party" means a person who
4is alleged or proved to have been injured by a civil rights
5violation or believes he or she will be injured by a civil
6rights 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
14Department by an aggrieved party or initiated by the
15Department under its authority.
16    (D) Civil rights violation. "Civil rights violation"
17includes and shall be limited to only those specific acts set
18forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
193-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
205A-102, 6-101, 6-101.5, and 6-102 of this Act.
21    (E) Commission. "Commission" means the Human Rights
22Commission created by this Act.
23    (F) Complaint. "Complaint" means the formal pleading filed
24by the Department with the Commission following an
25investigation and finding of substantial evidence of a civil
26rights violation.
		HB5284 Enrolled	- 7 -	LRB104 18383 JRC 31825 b
1    (G) Complainant. "Complainant" means a person including
2the Department who files a charge of civil rights violation
3with the Department or the Commission.
4    (G-5) Conviction record. "Conviction record" means
5information indicating that a person has been convicted of a
6felony, misdemeanor or other criminal offense, placed on
7probation, fined, imprisoned, or paroled pursuant to any law
8enforcement or military authority.
9    (H) Department. "Department" means the Department of Human
10Rights created by this Act.
11    (I) Disability.
12    (1) "Disability" means a determinable physical or mental
13characteristic of a person, including, but not limited to, a
14determinable physical characteristic which necessitates the
15person's use of a guide, hearing or support dog, the history of
16such characteristic, or the perception of such characteristic
17by the person complained against, which may result from
18disease, injury, congenital condition of birth or functional
19disorder 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
11discrimination against an individual because of the
12individual's association with a person with a disability.
13    (J) Marital status. "Marital status" means the legal
14status of being married, single, separated, divorced, or
15widowed.
16    (J-1) Military status. "Military status" means a person's
17status on active duty in or status as a veteran of the armed
18forces of the United States, status as a current member or
19veteran of any reserve component of the armed forces of the
20United States, including the United States Army Reserve,
21United States Marine Corps Reserve, United States Navy
22Reserve, United States Air Force Reserve, and United States
23Coast Guard Reserve, or status as a current member or veteran
24of the Illinois Army National Guard or Illinois Air National
25Guard.
26    (J-5) Menopause-related condition. "Menopause-related 
		HB5284 Enrolled	- 9 -	LRB104 18383 JRC 31825 b
1condition" means perimenopause, menopause, and associated 
2medical or symptomatic conditions that include, but are not 
3limited to, vasomotor symptoms, sleep disruption, cognitive or 
4mood changes, and osteoporosis-related changes.
5    (K) National origin. "National origin" means the place in
6which a person or one of his or her ancestors was born.
7    (K-5) "Order of protection status" means a person's status
8as being a person protected under an order of protection
9issued pursuant to the Illinois Domestic Violence Act of 1986,
10Article 112A of the Code of Criminal Procedure of 1963, the
11Stalking No Contact Order Act, or the Civil No Contact Order
12Act, or an order of protection issued by a court of another
13state.
14    (L) Person. "Person" includes one or more individuals,
15partnerships, associations or organizations, labor
16organizations, labor unions, joint apprenticeship committees,
17or union labor associations, corporations, the State of
18Illinois and its instrumentalities, political subdivisions,
19units of local government, legal representatives, trustees in
20bankruptcy or receivers.
21    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
22or medical or common conditions related to pregnancy or
23childbirth, including menopause-related conditions.
24    (M) Public contract. "Public contract" includes every
25contract to which the State, any of its political
26subdivisions, 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,
2including, but not limited to, hair texture and protective
3hairstyles such as braids, locks, and twists.
4    (N) Religion. "Religion" includes all aspects of religious
5observance and practice, as well as belief, except that with
6respect to employers, for the purposes of Article 2,
7"religion" has the meaning ascribed to it in paragraph (F) of
8Section 2-101.
9    (O) Sex. "Sex" means the status of being male or female.
10    (O-1) Sexual orientation. "Sexual orientation" means
11actual or perceived heterosexuality, homosexuality,
12bisexuality, or gender-related identity, whether or not
13traditionally associated with the person's designated sex at
14birth. "Sexual orientation" does not include a physical or
15sexual attraction to a minor by an adult.
16    (O-2) Reproductive Health Decisions. "Reproductive Health
17Decisions" means a person's decisions regarding the person's
18use of: contraception; fertility or sterilization care;
19assisted reproductive technologies; miscarriage management
20care; healthcare related to the continuation or termination of
21pregnancy; or prenatal, intranatal, or postnatal care.
22    (O-5) Source of income. "Source of income" means the
23lawful manner by which an individual supports himself or
24herself and his or her dependents.
25    (P) Unfavorable military discharge. "Unfavorable military
26discharge" includes discharges from the Armed Forces of the
		HB5284 Enrolled	- 11 -	LRB104 18383 JRC 31825 b
1United States, their Reserve components, or any National Guard
2or Naval Militia which are classified as RE-3 or the
3equivalent thereof, but does not include those characterized
4as RE-4 or "Dishonorable".
5    (Q) Unlawful discrimination. "Unlawful discrimination"
6means discrimination against a person because of his or her
7actual or perceived: race, color, religion, national origin,
8ancestry, age, sex, marital status, order of protection
9status, disability, military status, sexual orientation,
10pregnancy, reproductive health decisions, or unfavorable
11discharge from military service as those terms are defined in
12this Section.
13(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
14102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
151-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
16eff. 1-1-25.)
17    (775 ILCS 5/2-102)
18    Sec. 2-102. Civil rights violations; employment. It is a
19civil 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;
12104-417, eff. 8-15-25.)
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15    Section 99. Effective date. This Act takes effect January
161, 2027, except that the changes to Sections 356z.56 and
17356z.74 of the Illinois Insurance Code take effect January 1,
182028.