Private employers in Illinois are challenging recent amendments to the Illinois Human Rights Act that prohibit employers from discriminating against employees based on reproductive decisions. On March 21, a Catholic diocese and an anti-abortion center filed a 60-page complaint alleging that the amendments — which went into effect on January 1, 2025 — impede religious employers’ abilities to hire people aligned with their religious missions.
This case comes on the heels of similar challenges to a comparable New York law. A New York federal judge dismissed one such action this January because the employer did not show an imminent threat of enforcement, which the defendant-employer is appealing. The Second Circuit (Connecticut, New York and Vermont) has also revived another challenge to that law for lower court reexamination based on developments in the circuit’s view on whether employers can terminate employees who do not share their views.
We will continue to monitor these developments and their potential impacts on employer obligations. Employers should remain cognizant of their state’s discrimination laws and update their handbooks and corporate policies to align with the laws in every state in which they operate.