A new Illinois law, effective January 1, 2024, significantly strengthens protections against workplace discrimination for individuals with caregiving responsibilities. This legislation grants Illinois some of the nation’s strongest protections for those caring for children, aging parents, and other family members, including those with disabilities. State Representative Will Guzzardi, who sponsored the bill with former state Senator Natalie Toro, stated that “Workers should never face the discriminatory assumption that they won’t be able to do a job just because they have a child, spouse or parent to care for at home.”
Illinois is the sixth state to enact such a law, which Governor JB Pritzker signed in August. The law expands the state’s Human Rights Act, adding caregiving responsibilities to the list of protected classes already including gender, race, religion, sexual orientation, and age (for those 40 and over). This inclusion addresses the bias that people with family responsibilities often face, which can deny them equal opportunities in the workplace, a concern highlighted by the Center for WorkLife Law at the University of California, San Francisco. The Center notes that while caregiver discrimination affects all employees, women, people of color, and low-wage workers are disproportionately impacted.
Illinois’ law stands out for its broad definition of protected family relationships. Unlike other states that may only cover children, Illinois’ legislation includes children, stepchildren, spouses, domestic partners, siblings, parents, in-laws, grandchildren, grandparents, and stepparents. Liz Morris, co-director of the Center for WorkLife Law, praised the law for its realistic reflection of modern family structures and for extending beyond the concerns of white, affluent families. The law’s importance is amplified by the aging U.S. population and the increasing pressures on the “sandwich generation” – adults caring for both children and aging parents. With approximately 48 million family caregivers in the U.S., a number projected to rise significantly, the need for such protections is paramount.
Representative Guzzardi emphasized the law’s significance in addressing a gap in existing protections. He explained that while companies are often more aware of the challenges of parenting, policies regarding care for other family members are less developed. He highlighted the law’s ability to allow individuals to “take care of loved ones and participate in the economy,” addressing the difficult choice many face between employment and caregiving. The impetus for the bill came from Chicago attorney Gail Eisenberg, who highlighted the exclusion of family caregivers from existing anti-discrimination protections.
Opponents argued that existing laws were sufficient and that the new legislation would lead to frivolous lawsuits. However, a 2021 report from the Center for WorkLife Law found no evidence of increased lawsuits in states with similar legislation. The report suggests that explicitly recognizing family caregivers as a protected class might deter discriminatory practices.
The law’s benefits extend beyond pregnancy discrimination, encompassing caregivers of older children and male caregivers, both previously lacking legal protection. While not a complete solution, its effectiveness relies on employer compliance and preventive measures. Attorney Laura Feldman emphasized the need for proactive steps by employers to prevent discrimination. She shared the story of Shakera Newman, a nurse who was fired while hospitalized giving birth and previously denied time off to care for her disabled child, highlighting the real-world impact of this legislation. Newman’s experience underscores the potential positive impact of the new law.
Ensuring widespread awareness of the new protections, particularly among smaller companies, presents a challenge. Attorney Eisenberg stressed the importance of proactive measures by employers, referencing the EEOC’s existing guidance on creating caregiver-friendly workplaces. Looking ahead, Eisenberg advocates for a paid family and medical leave insurance system as the most effective long-term solution, addressing the financial burden and challenges faced by many caregivers.