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Illinois Expands Discrimination Protection to Employees with Family Responsibility

Effective January 1, 2025, Illinois extended civil rights protection from discrimination to employees who provide personal care to family members.

The law is an amendment to the existing Illinois Human Rights Act (“IHRA”) which is the State’s version of Title VII of the Civil Rights Act of 1964.

IHRA prohibits discrimination and harassment on the basis of actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status.  Discrimination based on actual or perceived provision of personal care to a family member has been added to the list of protected categories and is defined as:

  • covered family members are an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent
  • personal care includes, but is not limited to, taking a family member to doctor. appointments, tending to a family member’s medical, hygiene, nutritional, or safety needs, and providing emotional support to a family member with a serious health condition who is receiving inpatient or home care.

Employees also have protection from retaliation if they have made a report of discrimination on the basis of family responsibilities.