What happened?

On June 21, 2024, the Illinois Legislature passed SB 3310, HB 2161, HB 4867, and HB 3773, which were sent to the governor and are waiting for his signature. The bills would modify the Human Rights Acts.

What are the details?

The bills are waiting for the governor’s signature and would amend the Illinois Human Rights Act (IHRA) in the following ways:

Statute of Limitations (SB 3310)

• Extends the filing period: The bill extends the date to file a charge from 300 calendar days to 2 years for an alleged violation under the Act, except for the Real Estate Transactions Article.

• The rest of the amendments did not make it (punitive damages and damages under tort law).

Family Responsibilities (HB 2161)

• Adds and defines “family responsibilities” to the list of classes protected from harassment and discrimination under the IHRA.

• The addition of family responsibilities does not mandate workplace adjustments for employees with family duties. Employers can enforce rules and act as long as they comply with this Act.

Reproductive Health Decisions (HB 4867)

• Adds and defines “Reproductive Health Decisions” to the list of classes protected from discrimination under the IHRA.

Artificial Intelligence and Zip Codes (HB 3773)

• Defines “artificial intelligence” and “generative artificial intelligence“.

• Would regulate the use of artificial intelligence in matters relating to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.

• Prohibits employers from using artificial intelligence in a way that discriminates against employees based on protected classes or uses zip codes as a substitute for these classes.

• Employers must notify employees if they use AI for these purposes.

• The Department will establish rules for implementing and enforcing this clause, including the conditions, timing, and methods for providing notice.

Business Considerations

• Employers should prepare to update their policies, practices, and procedures according to the amendments, especially the ones regarding the IHRA.
• Employers should be prepared to create or update their AI policies to ensure that they comply with the regulations.

Source References

• IL SB3310
• IL HB2161
• IL HB4867
• IL HB3773 

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