18 ILLINOIS BUSINESS LEADER EMPLOYMENT LAW to hire, discriminate against, or retaliate against a worker for using company-issued equipment to record a crime of violence, including domestic or sexual violence, against themselves or a family or household member. The law also pro- hibits employers from taking away com- pany-issued devices because an employee used them to capture or attempt to capture such incidents. Additionally, em- ployers must provide employees with access to any photos or recordings of violent crimes stored on company equipment. Amendment to Childcare Act of 1969 In August 2025, the Illinois Childcare Act of 1969 was amended. House Bill 3439 (Public Act 104-0307) updated the Illinois Child Care Act of 1969 to strengthen background check requirements for employees and vol- unteers. Under the new law, anyone working at a daycare center, daycare home, or group daycare home must complete a criminal background check every five years. The amendment also creates a secure background check program run by the Illinois Department of Early Childhood. Through this program, daycare providers can hire an employee or volunteer on a probationary basis if the individual receives a qualifying result as deter- mined by the Department. Artificial Intelligence in Employment Beginning in January 1, 2026, House Bill 3773 will amend portions of the Illinois Human Rights Act to pro- hibit employers from using artificial intelligence (“AI”) for many employ- ment decisions including, “recruit- ment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment,” if such use discriminates employees on the basis of a protected class. The statute amendment defines AI as a “machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predic- tions, content, recommendations, or decisions that can influence physical or virtual environments.” The amended statute also makes it a civil rights violation for failing to notify employees of the employer’s use of AI and for using zip codes as a proxy for protected classes. The law also requires employers to provide notice to applicants and employees whenever AI is used in employment decisions. The statute does not provide specifics on how notice to employees should be given. Dykema attorneys will monitor for additional guidance from the Illinois Department of Hu- man Rights. To learn more about any of the Illinois state law topics above and how they impact your business, or any other general questions, please contact the authors of this article, or your Dykema relationship attorney. House Bill 3439 (Public Act 104-0307) updated the Illinois Child Care Act of 1969 to strengthen background check requirements for employees and volunteers. Under the new law, anyone working at a daycare center, daycare home, or group daycare home must complete a criminal background check every five years.
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