A new Illinois law, effective January 1, 2024, significantly strengthens protections for employees with caregiving responsibilities, providing some of the nation’s strongest safeguards against workplace discrimination. Sponsored by State Representative Will Guzzardi and former Senator Natalie Toro, the legislation expands the state’s Human Rights Act to include caregivers as a protected class. This means employers can no longer discriminate against individuals based on their caregiving duties for children, aging parents, or other family members, including those with disabilities.
This landmark legislation makes Illinois the sixth state to enact such comprehensive protections. According to advocates like Liz Morris, co-director of the Center for WorkLife Law at the University of California, San Francisco, Illinois’ law is particularly robust in its scope. Unlike other states that may limit protection to parents of young children, Illinois’ law encompasses a wide range of family relationships, including stepchildren, spouses, domestic partners, siblings, grandparents, and in-laws. This more inclusive definition better reflects the diverse realities of modern families and extends protections beyond the traditionally privileged white, affluent demographic. The law’s importance is amplified by the growing “sandwich generation” – adults caring for both children and aging parents – and the rapidly aging U.S. population, with an estimated 48 million family caregivers, a number projected to increase significantly.
The impetus for the legislation stemmed from a recognition that existing anti-discrimination laws failed to adequately address the unique challenges faced by caregivers. Attorney Gail Eisenberg, chair of the legislative committee of the National Employment Lawyers Association of Illinois, highlighted this gap, prompting Rep. Guzzardi to introduce the bill. Representative Guzzardi cited examples of discriminatory practices, such as a highly performing female employee being denied a promotion due to assumptions about her childcare responsibilities, a scenario that would remain legally permissible under the previous Human Rights Act.
While opponents argued that existing laws were sufficient and that the new law would lead to frivolous lawsuits, a 2021 report from the Center for WorkLife Law refuted this claim, finding no increase in lawsuits in states with similar legislation. The report suggests that clearly defining family caregivers as a protected class actually deters discriminatory practices. The law extends beyond pregnancy discrimination, offering protection for caregivers of older children and male caregivers, areas previously lacking legal protection.
However, the law is not a complete solution. Laura Feldman, an attorney with Prinz Law Firm in Chicago, emphasizes that its effectiveness depends on employer compliance and proactive measures to prevent discrimination. The need for widespread education about the new protections, particularly for smaller businesses, is critical. Attorney Eisenberg advocates for employer training and awareness of common biases against caregivers, pointing to the Equal Employment Opportunity Commission (EEOC) guidance as a valuable resource. Ultimately, Eisenberg envisions a paid family and medical leave system as the ideal long-term solution to fully support caregivers and alleviate the financial burdens and difficult choices many face. The current reliance on unpaid leave under the Family and Medical Leave Act, she argues, places undue hardship on families and society as a whole.