After the flurry of new laws and ordinances that bombarded Illinois employers in 2024, our clients had hoped for a respite to get their feet back under them. Unfortunately, 2025 is gearing up to continue changing the rules further. This article will highlight briefly some upcoming changes in the law that employers need to prepare themselves to address.

The Biometric Information Privacy Act

The biggest change with this law regulating employers who possess biometric information about their employees is that the Act has now included language to prevent the outcome of Cothron v. White Castle System, Inc. (2023 IL 128004). Put plainly, violations of BIPA will generally only accrue once, so long as each instance happens in the same manner.

Illinois Personnel Records Review Act

While somewhat limiting employee’s ability to make requests, new categories of documents that are considered part of an employee’s personnel file include any handbook the employee acknowledges having received, any non-handbook written policies that the employee was subject to that relate to qualifications for employment, promotion, transfer, etc., and any binding contracts or agreements as between the employee and employer.

Illinois Human Rights Act

There will be a longer statute of limitation for filing discrimination claims, going from 300 days to 2 years. The IHRA will now also consider people who have “family responsibilities” and a person’s “reproductive health decisions” to be protected classes.

The Illinois Worker Freedom of Speech Act

This law will prohibit employers from holding mandatory meetings to discuss the company’s views on topics including religion or politics. Given that politics most likely will include the topic of unions, employers can no longer compel employees to attend meetings to present the employer’s perspective on a union drive at their company. Effective January 1, 2025, there will be a new notice requirement coming with this act for you to provide to your employees.

Coming in 2026: Regulations on the Use of Artificial Intelligence in Hiring and Employee Management

While this is a little further out, employers will begin to providing notice to employees when artificial intelligence informs the employer’s decisions about “recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.”

We will continue to monitor these developments and dive more deeply into them in our newsletters, and as the impact of these changes becomes more clear. If you have any questions or concerns about how these changes might apply to your business, do not hesitate to give us a call.