Illinois Expands Workplace Protections for Menopause-Related Conditions

Overview

On August 7, 2026, Governor Pritzker signed the Illinois Menopause Equity and Care Act, Public Act 104-0793, into law, amending the Illinois Human Rights Act (“IHRA”) to establish workplace protections for employees and applicants experiencing menopause-related conditions. Effective January 1, 2027, Illinois employers will be required to treat perimenopause, menopause, and related medical or symptomatic conditions under the same anti-discrimination and reasonable-accommodation framework that applies to pregnancy-related conditions. The IHRA generally applies to Illinois employers with one or more employees for each working day in twenty (20) or more calendar weeks during the current or preceding calendar year.

Current Legal Framework

Beginning January 1, 2027, the IHRA’s definition of “pregnancy” will include “menopause-related conditions,” including perimenopause, menopause, and associated medical or symptomatic conditions such as vasomotor symptoms, sleep disruption, cognitive or mood changes, and osteoporosis-related changes.

Illinois employers may not (1) make employment decisions based on a menopause-related condition, (2) deny a reasonable accommodation for a known limitation related to a menopause-related condition absent undue hardship, (3) require an employee to accept an unrequested accommodation, (4) require leave where another effective accommodation is available, or (5) retaliate against an employee or applicant for requesting or using an accommodation.

Reasonable Accommodations and Notice Requirements

Employers must engage in a timely, good-faith, and meaningful exchange to determine whether an effective reasonable accommodation is available. Depending on the circumstances, reasonable accommodations may include:

• Additional or extended bathroom, water, or rest breaks, such as allowing an employee to step away more frequently during symptom flare-ups;
• Access to seating, where appropriate, such as providing a stool or chair for duties typically performed while standing;
• Temporary transfer to a less strenuous or hazardous position, such as moving an employee away from excessive heat or physically demanding work; and
• Temperature or climate-adjusted work areas, such as providing a fan, cooler workspace, or modified uniform requirements where feasible.

Employers also must update required workplace postings and handbook notices.

Beginning in 2027, the Illinois Department of Human Rights notice must address the right to reasonable accommodations for pregnancy, including menopause-related conditions. Employers should ensure that all required notices are updated and posted, as failure to comply may be considered by enforcement agencies in connection with alleged violations of the IHRA.

Practical Impact

The law does not create a new standalone leave entitlement. However, it does require employers to individually assess menopause-related accommodation requests through the interactive process. Employers should expect requests involving scheduling flexibility, temperature control, modified workspaces, breaks, leave, or temporary job-duty adjustments to trigger the interactive process, even if the employee does not use formal legal terminology.

As with pregnancy-related accommodations, employers should avoid making assumptions about an employee's limitations or the accommodations that may be effective. Requests relating to hot flashes, sleep disruption, cognitive symptoms, mood changes, or related conditions should be evaluated through the normal interactive process and documented consistently with the employer's existing accommodation procedures.

Recommended Actions

Before January 1, 2027, Illinois employers should update EEO, anti-discrimination, accommodation, leave, and complaint-reporting policies to expressly address menopause-related conditions. Employers with existing pregnancy accommodation policies should review those policies to ensure they adequately encompass menopause-related conditions. Employers should also revise handbooks and notices, monitor the Illinois Department of Human Rights for updated guidance, and train managers, HR personnel, and leave administrators on confidentiality, documentation, and the interactive process.

Bottom Line

Illinois’ new menopause-related workplace protections significantly expand the IHRA’s accommodation and anti-discrimination requirements. Employers should update policies, notices, training materials, and accommodation procedures now to reduce compliance risk before the law takes effect.