This past November, we discussed a change to Illinois’ Nursing Mothers in the Workplace Act, effective Jan. 1. The amended law addresses employers’ responsibilities to employees who need to take breaks to express milk for their children. For example, employers cannot deny them pay for these breaks or reduce their compensation for these periods.
That wasn’t the only change in the law effective this year intended to extend the rights of Illinois employees and protect against discrimination. Let’s look at three changes taking effect this year.
Preventing discrimination by AI
Effective Jan. 1, the state’s Human Resources Act was modified to address the increasing use of artificial intelligence (AI) in hiring. Many employers believe that by removing the human element in hiring decisions, they’re removing biases that can lead to discrimination.
However, AI can create its own problems. Employers can even unintentionally choose an AI tool that screens out those in protected classes. That’s why it’s critical for employers to be careful about what kind of AI they’re using in their hiring and other employment decisions. The law also requires employers to notify those affected of their use of AI.
Use of employer electronic devices by those affected by domestic violence
Also effective Jan. 1, the state’s Victim’s Economic Security and Safety Act (VESSA) now prohibits employers from discriminating or retaliating against any employee who uses an electronic device issued by their employer to record instances of domestic violence or to communicate about that violence. This can include phones, tablets, laptops and more.
NICU leave
Beginning June 1 of this year, many Illinois employers will have new obligations to employees who have a child in a neonatal intensive care unit (NICU). Employers with between16 and 50 employees are required to provide up to 10 days of unpaid NICU leave. If an employer has more than 50 employees, parents with a child in NICU are entitled to up to 20 days of unpaid NICU leave.
This NICU leave is what Illinois employees will be entitled to under the law. Of course, employees and employers can work together to combine other types of leave (paid and unpaid) to allow parents the time they need with a new baby who requires special medical care and observation.
While employers should stay current on new laws, not all do. Sadly, some take advantage of the fact that employees often aren’t familiar with changes to the law and their rights. That’s where having experienced legal guidance can help employees protect their rights.
