On August 7, 2026, Illinois joined a growing number of jurisdictions expanding legal protections to employees experiencing menopause-related conditions by signing into law the Illinois Menopause Equity and Care Act (the “Act”) (Public Act 104-0793). Among other changes, the Act generally extends anti-discrimination and reasonable accommodation protections to employees experiencing menopause-related conditions. The employment-related provisions take effect January 1, 2027.
Menopause-Related Conditions Added to the IHRA
The Act amends the Illinois Human Rights Act (“IHRA”) to expressly recognize menopause-related conditions as protected under the statute’s existing pregnancy discrimination and accommodation framework. The law defines “menopause-related condition” broadly to include perimenopause, menopause and related medical or symptomatic conditions. Examples identified in the Act include hot flashes and other vasomotor symptoms, sleep disturbances, cognitive changes, mood-related symptoms and osteoporosis-related conditions.
Once the law goes into effect, Illinois employers will be prohibited from taking adverse employment actions based on an employee’s menopause-related condition and may face liability for discrimination, harassment, retaliation or other discriminatory treatment tied to those conditions. Illinois employers will also have new accommodation obligations as explained in the next section.
Expanded Accommodation Obligations
Beginning January 1, 2027, employers covered by the IHRA must provide reasonable accommodations for menopause-related conditions unless doing so would create an undue hardship. Notably, the Act incorporates menopause-related conditions into Illinois’ existing pregnancy accommodation framework. Employers already familiar with accommodating pregnancy-related conditions will recognize many of the same obligations, including engaging in a good-faith interactive process and assessing accommodation requests on an individualized basis.
The Act identifies a number of potential accommodations, including:
- Part-time or modified work schedules;
- Flexible scheduling;
- Temperature- or climate-adjusted workspaces;
- More frequent or longer rest, bathroom or water breaks;
- Seating or ergonomic modifications;
- Light-duty assignments and/or assistance with manual labor; and
- Job restructuring.
The Act also preserves existing restrictions on employer conduct. For example, employers generally may not require an employee to accept an accommodation that was not requested, force an employee to take leave if another reasonable accommodation is available or take adverse action because an employee requests an accommodation.
Required Notice and Policy Updates
Illinois employers are already required to post notices and provide handbook information regarding employee rights under the IHRA. The Act expands these pre-existing notice obligations to include information regarding the right to reasonable accommodations for menopause-related conditions. Employers should review and update posted notices, employee handbooks, accommodation policies and training materials prior to the January 1, 2027, effective date to ensure they accurately reflect the new protections.
Additional Health Care-Related Provisions
Although the Act’s workplace accommodation requirements are key for Illinois employers, the Act also contains broader health care and insurance reforms. Among other things, the Act:
- Directs the Illinois Department of Public Health to develop educational resources regarding menopause and perimenopause;
- Expands certain insurance coverage requirements for menopause- and perimenopause-related treatment and medication; and
- Requires coverage of annual menopause or perimenopause health visits under certain health plans.
The Act’s insurance-related changes take effect January 1, 2028.
Practical Guidance
Illinois employers should proactively evaluate their compliance with the Act’s obligations and updated workplace practices, policies and procedures before January 1, 2027. In particular, employers should consider the following:
- Review equal employment opportunity, anti-harassment and accommodation policies to ensure menopause-related conditions are addressed;
- Update employee handbooks and workplace notices to ensure menopause-related conditions are addressed;
- Educate and train human resources personnel, managers and supervisors on handling accommodation requests involving menopause-related symptoms; and
- Evaluate workplace adjustments, such as flexible scheduling, break policies and workspace temperature modifications, that may be requested under the Act.
For additional information or assistance regarding this topic, please contact:
- Jon Bumgarner at (317) 977-1474 or jbumgarner@hallrender.com;
- Becca Foerder at (317) 429-3683 or bfoerder@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
