Illinois reasonable‑accommodation requirements

Coverage & definitions

The Illinois Human Rights Act (775 ILCS 5/) has applied to employers with one or more employees for every protected class, including disability, since July 1, 2020. Earlier versions set a 15-employee threshold for most claims with a lower floor for disability and pregnancy; that distinction no longer exists.

“Disability” means a determinable physical or mental characteristic that may result from disease, injury, congenital condition or functional disorder, unrelated to the person’s ability to perform the job. Pregnancy, childbirth and related medical or common conditions are separately protected under Section 2-102(J), and since January 1, 2025 the Act also protects reproductive health decisions and family responsibilities.

Reasonable‑accommodation duties

Employers must provide reasonable accommodations to employees and applicants with disabilities unless doing so would create an undue hardship. Adjustments may include modified work schedules, unpaid leave, physical workspace changes, assistive technology, job restructuring, or more frequent breaks.

For pregnancy, the statute lists accommodations including:

• More frequent or longer bathroom, water or rest breaks.
• Seating.
• Assistance with manual labor.
• Light duty.
• A temporary transfer to a less strenuous or hazardous position.
• Job restructuring.
• Modified work schedules.
• Private non-bathroom space for expressing breast milk and for breastfeeding.
• Time off to recover from childbirth.
• Leave necessitated by pregnancy or a related condition.

An employer may not require an employee to take leave if another reasonable accommodation can be provided, and may not require an employee to accept an accommodation the employee did not request and chooses not to accept.

Notice, documentation & the interactive process

Illinois imposes affirmative notice duties for pregnancy rights. Employers must post the Department of Human Rights notice on pregnancy rights in a conspicuous location, and any employer with a handbook must include the pregnancy-accommodation rights in it. The IDHR publishes the required notice in English and Spanish.

On documentation, the statute limits what an employer may demand. For a pregnancy-related accommodation, an employer may request documentation from the employee’s health care provider only if it requires the same of employees with disabilities, and only where the request is job-related and consistent with business necessity. The employer may seek only the medical justification for the accommodation, a description of the accommodation advisable, the date it became advisable, and its probable duration.

For disability accommodation generally, requests should be limited to what is needed to confirm the disability and the need, and information must be kept confidential.

A timely, good-faith interactive process is required. There is no fixed statutory deadline, but employers are expected to respond promptly and without unnecessary delay.

Artificial intelligence. Since January 1, 2026, Section 2-102(L) of the Act (HB 3773) makes it a civil rights violation to use artificial intelligence in recruitment, hiring, promotion, discipline, discharge or other terms of employment where it has the effect of discriminating on the basis of any protected class, including disability and pregnancy. Employers must notify applicants and employees when AI is used in those decisions, and may not use ZIP codes as a proxy for a protected class. Employers remain responsible for third-party vendor tools.

The Paid Leave for All Workers Act, in effect since January 1, 2024, gives most Illinois employees up to 40 hours of paid leave a year for any reason; it runs alongside, not instead of, leave granted as an accommodation.

Enforcement & penalties

Charges are filed with the Illinois Department of Human Rights within two years of the alleged violation — extended from 300 days effective January 1, 2025 (Public Act 103-0973). Remedies through the Human Rights Commission or in circuit court include actual damages, back pay, reinstatement, attorney fees, and injunctive relief; damages are not capped. The two-year window makes record retention of accommodation files materially more important than under the old rule.

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Practical tips for employers

• Do not screen by headcount — one employee is enough to trigger the Act for every protected class.
• Post the IDHR pregnancy-rights notice and put it in your handbook.
• Before requesting medical documentation for a pregnancy accommodation, confirm you require it of employees with disabilities too, and limit the request to the four permitted items.
• Retain accommodation files for at least two years, matching the new filing window.
• If any hiring or promotion tool uses AI, add the required notice and audit for disparate impact on disability and pregnancy.
• Never push an employee onto leave when another accommodation would work.

This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.