Illinois Employers Should Prepare for New Menopause Accommodation and Anti-Discrimination Requirements Under HB 5284

Illinois employers should watch HB 5284, the Illinois Menopause Equity and Care Act, which has been sent to Gov. JB Pritzker for signature. If signed into law, the bill will amend the Illinois Human Rights Act to add menopause-related conditions as a protected category and require employers with four or more employees to provide reasonable accommodations unless doing so would impose an undue hardship. 

What the bill would do? 

HB 5284 defines “menopause-related condition” to include perimenopause, menopause, and associated medical or symptomatic conditions, including vasomotor symptoms, sleep disruption, cognitive or mood changes, and osteoporosis-related changes. The bill also makes it a civil rights violation to discriminate against employees because of their menopause-related condition. 

The bill requires covered employers to provide reasonable accommodations to employees experiencing menopause-related conditions and to engage in a timely, good-faith interactive process when accommodation is requested. Examples listed in the bill include flexible scheduling or modified work hours, temperature control or a climate-adjusted workspace, private spaces for rest or symptom management, remote work options, and light-duty assignments if safe and feasible. 

In addition, the bill also requires employers to post notices of these rights and provide them to employees at the beginning of employment or upon request. 

Why it matters?

If signed, HB 5284 would create a new, express accommodation obligation under Illinois law rather than leaving menopause-related workplace issues to be addressed only through other legal theories. Employers should expect increased scrutiny of how managers and HR personnel respond to employee concerns relating to menopause-related symptoms and requests for workplace adjustments. 

The bill also includes a health insurance provision requiring, on or after January 1, 2028, certain individual and group health insurance policies issued, renewed, or amended in Illinois to cover medically necessary evaluation and treatment of perimenopause and menopause. 

What employers should do now? 

Illinois employers should consider taking the following steps: 

• Review equal employment opportunity and anti-discrimination policies. 
• Update accommodation procedures and manager guidance. 
• Train HR professionals and supervisors to recognize and respond to requests for accommodation. 
• Prepare to update postings, onboarding materials, and employee handbooks. 
• Coordinate with benefits stakeholders regarding the bill's future insurance implications. 

Bottom line

Although HB 5284 is not yet law, Illinois employers should begin preparing now. If enacted, the bill would significantly expand workplace protections by expressly covering menopause-related conditions and by requiring reasonable accommodations for affected employees absent undue hardship. 

If you have any questions about the bill or how to update your policies and practices, please reach out to Kilpatrick's Labor & Employment Team.