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Governor Signs Employment Law-Related Amendments

By Kelly A. Hayden, JD, Chief Legal Counsel
Published August 20, 2024

Governor Pritzker has his pen out and isn’t afraid to use it! The Governor recently signed legislation amending several employments laws in Illinois. 

close up man's hands signing official document

First, on August 2, 2024, the Governor signed Senate Bill 2979 which updates the state’s existing Biometric Information Privacy Act (BIPA) to: 1) change how damages under the Act are calculated; and 2) clarify that consent under the Act may be obtained electronically. As a refresher, BIPA requires that most employers using biometric information in the workplace (e.g., hand or retina scans, facial recognition) notify employees and obtain consent. There has been costly litigation for employers under this law since it was first passed in 2008. To limit such costs, the amendment clarifies that damages are calculated on a per person basis when the employer’s conduct involves the same information, from the same employee, using the same method of collection, or sent to the same recipient. This means, for example, that an employee using a hand scan to “swipe” in and out for the workday without the employer properly complying with BIPA, would constitute one violation instead of separate violations for each “swipe.”

Under BIPA, damage awards can range from $1,000 for negligent violations to $5,000 for intentional or reckless violations. The Illinois Supreme Court previously ruled that the damages should be calculated per scan, meaning that every time an employee used a biometric identifier to sign on to a computer or clock in for work, a separate violation of $1,000 or $5,000 occurred. While the new legislation is a welcome relief, employers should still be wary of a law that could result in damages of $5,000 per employee violation. HR Source members who are using biometric information can obtain our sample policy and consent form or contact us via HR Hotline Online or at 800-448-4584.

On August 7, 2024, the governor signed HB 4867, protecting reproductive health decisions from discrimination under the Illinois Human Rights Act. In the law, the term “reproductive decisions” is defined as “a person's decisions regarding the person's 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.” This amendment takes effect on January 1, 2025.

On August 9, 2024, the Governor signed HB 2161, protecting familial responsibilities from discrimination under the Illinois Human Rights Act. In this law, “family responsibilities” means an employee's actual or perceived provision of personal care to a family member. Both “personal care” and “family member” have the same definitions as used in the Employee Sick Leave Act. To learn more about these definitions, read our earlier article.

Finally, on August 9, the governor signed Senate Bill 3310, which extends the limitations period for filing claims under the Illinois Human Rights Act from 300 days to two years. This law is effective January 1, 2025, and does not affect claims filed under federal law with the Equal Employment Opportunity Commission.

Employers should update their equal opportunity and anti-harassment policies to reflect the additional protected classes. 

The pace and complexity of laws this year (and the past few years) are making compliance challenging for employers. Be sure to register for our Employment Law Conference on November 7 where I will review these and other new laws you need to know for 2025. And, watch for additional resources from HR Source as we continue to try to make compliance easier for you!