Illinois lawmakers passed a number of changes to employment laws effective January 1, 2025. The following is a summary of each law.
1. Pay Transparency in Job Postings
An employer with 15 or more employees must include in job postings a wage or salary range and description of benefits and other compensation, such as incentives or bonuses. If the employer uses a third party to post job opportunities, the employer must provide that information to the third party. In addition, the law requires employers to post or inform current employees of all promotion opportunities within 14 business days of posting jobs externally. Employers must also preserve records of the advertised pay scale and benefits for each posting for five years. The Illinois Department of Labor developed helpful frequently asked questions about the new requirements.
2. New Discrimination Prohibitions
Lawmakers amended the Illinois Human Rights Act ("the Act") to add new categories of protected employees. Employers may not discriminate against employees because of their family responsibilities, which include a covered family member's basic medical, hygiene, nutritional, or safety needs or transportation to medical appointments. Family responsibilities also include emotional support for a family member with a serious health condition, who is receiving inpatient or home care. A family member is defined under the law as an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. The law does not create a duty to accommodate family responsibilities but instead prevents employers from treating an employee differently because of their family responsibilities.
In addition, lawmakers amended the Act to prohibit discrimination against employees because of their reproductive health decisions, which are defined as "a person's decisions regarding … use of contraception; fertility or sterilization care; assisted reproductive technologies; miscarriage management care; healthcare related to the continuation or termination of pregnancy; or prenatal, intranatal, or postnatal care."
3. More Time to File Discrimination Complaints
Employees now have two years to file harassment or discrimination complaints under the Act instead of the 300 days afforded under federal laws or previously under the Act.
4. Employee Access to Personnel Records
The Illinois Personnel Records Review Act expanded the types of documents employees are entitled to review:
- Employer policies or personnel documents that are, have been, or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, benefits, discharge, or other disciplinary action
- Employment-related contracts that the employer maintains are legally binding on the employee and
- Employee handbooks that the employer made available to the employee or that the employee acknowledged receiving
5. Employee Paystub Disclosure and Retention
Illinois employers are now required to retain employee paystubs for a minimum of three years from the date of payment, even if employment ends during the three years. Upon written request, employers must provide paystubs to current or former employees. In addition, if the employer uses electronic paystubs that a former employee cannot access, the employer must offer at the time of separation of employment copies of paystubs for the year preceding the date of separation.
6. Expanded Whistleblower Act
The Illinois Whistleblower Act prohibits retaliation against employees who report employer wrongdoing to government authorities. The legislature expanded the law to protect employees who disclose or threaten to disclose information when the employee has a good faith belief activity occurred that is unlawful or poses a substantial, specific danger to employees, public health, or safety. Retaliation is now defined under the law as any adverse employment action that could dissuade a reasonable worker from disclosing or threatening to disclose information.
7. Employer Sponsored Meetings
A new law called the Worker Freedom of Speech Act prohibits employers from holding mandatory meetings or using incentives to persuade employees to participate in meetings communicating the employer's position on religious or political matters, including discussion of union representation. Employers may not retaliate against employees who decline to attend these meetings. The law contains an exception for religious organizations holding meetings communicating their religious practices, beliefs, or tenets.
8. Obligations for E-Verify Users
E-Verify is a voluntary federal program that employees can use to verify employment eligibility of individuals. By amending the Right to Privacy in the Workplace Act, lawmakers expanded employee rights in situations where an employer receives notice of a discrepancy in an employee's verification information from a federal agency or the employee directly. In such situations, the employer must provide the affected employee with the following:
- The specific documents deemed to be deficient and the reason for the deficiency
- Instructions to correct the deficiency if the employee is legally required to do so
- An explanation of the employee's right to have representation present during related meetings, discussions, or proceedings with the employer and
- An explanation of any other rights regarding the alleged deficiency
Steps to Take
Illinois independent schools can take the following steps to ensure compliance with the new laws:
- Update employee handbooks to incorporate employee rights to access personnel records
- Revise non-discrimination and anti-harassment statements and policies to include the new protected categories in all places where such statements or policies are posted or published
- Audit payroll practices to ensure that paystubs are retained for the legally required time
- Develop new requirements for job postings to ensure they contain the legally required information
- Revise internal procedures if the school participates in the E-Verify program
The Venable Independent School Law Practice Group is prepared to assist independent schools in ensuring compliance. Independent schools with questions are encouraged to contact Caryn Pass, Grace Lee, Janice Gregerson, or Ashley Sykes for assistance.