New IHRA Protections Coming in 2025 and 2026
Illinois recently made three important updates to its anti-discrimination laws under the Illinois Human Rights Act (IHRA). These amendments provide enhanced protection for employees and job seekers beginning in 2025.
New Protected Classes
Currently, the IHRA prohibits discrimination based on
- Age (40+)
- Ancestry
- Arrest record (in employment and real estate transactions)
- Citizenship status (in employment)
- Color
- Conviction record (in employment)
- Disability (physical, mental, and association with a person with a disability)
- Familial status (in real estate transactions)
- Gender identity
- Marital status
- Military status
- National origin
- Order of protection status
- Pregnancy
- Race (including associated traits with race, like hairstyles)
- Religion
- Sex
- Sexual orientation
- Source of income (in real estate transactions)
- Unfavorable military discharge
- Work authorization status (in employment)
Beginning January 1, 2025, the IHRA is adding two new protected classes:
- Employers cannot discriminate against employees based on family responsibilities, such as providing personal care, assisting with medical appointments, or giving emotional support.
- Employees cannot face discrimination based on their reproductive health decisions, such as contraception, fertility treatments, or abortion.
Longer Statute of Limitations
Another significant change is the extension of the statute of limitations for filing discrimination claims. Beginning January 1, 2025, employees will have two years from the date of the alleged discrimination to file a complaint with the Illinois Department of Human Rights. This change increases the previous 300-day limit.
In making this move, Illinois joins several other states that have also extended the federal statute of limitations for discrimination claims, including Arkansas, California, D.C., Florida, Idaho, Minnesota, New York, Ohio, Oregon, Rhode Island, Vermont, and West Virginia.
Restrictions on AI in Employment Decisions
Using artificial intelligence (AI) in employment decisions is now subject to stricter regulations. Beginning January 1, 2026, employers must notify employees when they use AI for hiring, promotion, or other employment-related decisions. Additionally, employers are liable if the use of AI results in discrimination, even if it’s unintended.
This particular amendment is interesting to watch. As AI becomes ubiquitous and used more and more in the workplace, we’re at the forefront of new technology and its consequences, both good and bad. We will surely see increased regulation around how it’s used and court case precedents in the future.
Action List for Illinois Employers
Update your policies: Review your employee handbook and other workplace documents to ensure they reflect the changes. Update your record retention practices to allow for the longer statute of limitations.
Train managers and employees: Educate everyone in your workplace about the new protections and the longer statute of limitations. Leaders especially need updated training regarding discrimination and harassment.
Check for problems: Review your workplace for any potential areas of discrimination or harassment and take steps to address them. Look at how your company uses AI in the employee’s lifecycle, including during recruitment, to make sure you comply with the new regulations.
Stay informed: Keep up-to-date on any further guidance or regulations issued by the Illinois Department of Human Rights.
