Illinois Adds Family Responsibilities as Protected Class under Illinois Human Rights Act

Illinois already covers a lengthy list of protected classes under the Illinois Human Rights Act. As of Jan. 1, 2025, that list will be a little longer, as the Act was amended to protect family responsibilities. Employers cannot take adverse action against an employee or applicant or harass an employee based on these responsibilities.

“Family responsibilities” are an employee’s actual or perceived provision of personal care to a family member. “Personal care” means ensuring that a family member’s basic medical, hygiene, nutritional, or safety needs are met or providing transportation to medical appointments for a family member who requires assistance. Personal care also means being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.

The amendment to the Act has built-in limitations. Although an employer cannot discriminate based on family responsibilities, it also has no obligation to make accommodations based on these responsibilities. Specifically, an employer does not have to relax its productivity or attendance rules, allow for leave, or make scheduling changes based on family responsibilities to comply with the Act.

Presumably, this amendment was made to combat stereotypes, such as failing to promote a woman because she has young children and it is wrongly assumed that she will be too busy caring for her children to devote sufficient time to her work. However, as is true in perceived disability cases, it can be difficult to establish whether a perception exists, leaving a lot of gray area and uncertainty about whether there has been a violation of the Act. Time will tell whether the same is true for family responsibilities.