Amends the Construction Site Temporary Restroom Facility Act. Changes the Act's short title to the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. Repeals a provision which specifies that separate toileting facilities are not required for males and females if individual portable toilet facilities are used by an owner of a portable building or building under construction to provide access to a restroom. Provides that, if a woman or an individual who menstruates is present on a work site and there are 10 or more workers of any gender at the work site, then a separate toilet facility shall be provided at the work site and designated for use by women and individuals who menstruate. Requires employers in the construction industry to provide their workers who menstruate and are performing construction activities on a work site with minimum sanitary conditions. Describes the required minimum sanitary conditions. Requires employers in the construction industry, upon request, to provide their workers who are lactating and performing construction activities on a work site with reasonable accommodations needed to express breast milk. Describes reasonable accommodations for lactation. Provides that, on or before January 1, 2027, the Department of Public Health shall provide guidance to employers on the accommodations to be provided. Authorizes employees of construction sites to call the certified local public health agency with jurisdiction over a construction site to request an inspection if noncompliance with the Act is suspected. Prohibits retaliation by employers if a call is made by an employee on a construction site for suspected noncompliance with the Act. Provides that any owner who fails or refuses to comply with the provisions of the Act commits a petty offense and is subject to a fine to be determined by the certified local public health agency (rather than only being subject to a petty offense). Defines "employer". Effective immediately.
Senate Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Adds definitions of the terms "construction industry", "employee", and "employer". Makes changes in provisions that establish sanitary safety standards for construction workers who menstruate, express milk, or both. Adds provisions that make it unlawful for an employer to take retaliatory actions or to use a request for an accommodation under the Act as the basis for an adverse employment action. Makes changes in provisions concerning penalties. Specifies that an employer that in good faith provides menstrual products in sealed packaging for employee use as required under the Act shall not be liable in any civil action for injuries resulting from the use of the product, except for willful or wanton conduct by the employer. Provides that the amendatory Act takes effect January 1, 2027 (rather than immediately).
House Floor Amendment No. 1: Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Defines "menstrual hygiene products". Changes requirements for compliance with certain provisions in the Act from compliance within 6 months after the Department of Public Health adopts rules to compliance within 6 months after the effective date of the amendatory Act. Deletes a requirement for inclusive language. Replaces references to "reasonable accommodations" with references to "lactation accommodations". Provides that compliance with minimum lactation accommodations does not relieve employers from compliance with the Nursing Mothers in the Workplace Act or the Illinois Human Rights Act. Adds a factor for consideration to a definition of "undue hardship". Provides that, on or before January 1, 2027, the Department of Public Health, in consultation with the Department of Human Rights, shall provide guidance to employers via a website or other means concerning lactation accommodations (rather than shall adopt rules concerning reasonable accommodations, including what constitutes an undue hardship on an employer that would prevent accommodation, with consideration of any impact on small businesses). Makes technical and other changes.

Statutes affected:
Introduced: 410 ILCS 37/1, 410 ILCS 37/5, 410 ILCS 37/10, 410 ILCS 37/15, 410 ILCS 37/20
Engrossed: 410 ILCS 37/1, 410 ILCS 37/5, 410 ILCS 37/6, 410 ILCS 37/10, 410 ILCS 37/15, 410 ILCS 37/20, 410 ILCS 37/25
Enrolled: 410 ILCS 37/1, 410 ILCS 37/5, 410 ILCS 37/6, 410 ILCS 37/10, 410 ILCS 37/15, 410 ILCS 37/20, 410 ILCS 37/25