Illinois Return to Office Mandate 2026

What is Illinois’s return to office mandate?

Illinois does not have a statewide return to office mandate for private sector employers. Unlike some states that have issued executive orders requiring state employees to return to offices, Illinois has not enacted specific legislation or issued current executive orders governing return to office policies for either private or state employees as of December 2025.

The COVID-19 era “Restore Illinois” plan and associated executive orders (2020-38, 2020-43) that provided workplace safety guidelines during the pandemic have expired and are no longer in effect.

For Private Sector Employers: Return to office decisions are made by individual employers operating under Illinois’s at-will employment framework, subject to anti-discrimination laws, reasonable accommodation requirements, and any applicable employment contracts or collective bargaining agreements.

Source: Illinois General Assembly legislative search, Governor’s Executive Orders archive
Available at: https://www.ilga.gov and https://www.illinois.gov/government/executive-orders.html

Does Illinois’s RTO mandate apply to private employers?

No. Illinois does not have a return to office mandate that applies to private employers. Private sector employers in Illinois have the discretion to establish their own return to office policies, telework arrangements, and workplace requirements.

However, private employers must comply with:

• Illinois Human Rights Act (anti-discrimination requirements)
• Americans with Disabilities Act (reasonable accommodation requirements)
• Employment contracts and collective bargaining agreements
• Other applicable federal and state employment laws

Private employers cannot implement return to office policies that discriminate against employees based on protected characteristics or refuse reasonable accommodations for qualified individuals with disabilities.

Source: Illinois Department of Labor, Illinois Department of Human Rights
Legal Framework: At-will employment, Illinois Human Rights Act (775 ILCS 5/)

Can my employer force me back to the office in Illinois?

Generally, yes. Illinois is an at-will employment state, which means employers can change terms and conditions of employment, including work location, and terminate employees who refuse to comply (with important exceptions below).

Exceptions:

1. Employment Contracts: If you have an employment contract specifying remote work or location, your employer must honor that contract
2. Reasonable Accommodation: If you have a disability, you may request remote work as a reasonable accommodation. Your employer must engage in an interactive process and provide accommodation unless it causes undue hardship
3. Discrimination: Your employer cannot require return to office in a discriminatory manner based on race, sex, disability, or other protected characteristics
4. Retaliation: Your employer cannot require return to office as retaliation for engaging in protected activities (filing discrimination complaints, whistleblowing, etc.)
5. Collective Bargaining Agreements: Union members may have contractual protections regarding work location changes

Source: Illinois Department of Labor FAQ, Illinois Human Rights Act
Available at: https://labor.illinois.gov/faqs.html

What are my accommodation rights under Illinois law?

Under the Illinois Human Rights Act, employers with 1 or more employees must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on the employer’s operations.

Reasonable Accommodation May Include:

• Modified work schedules
• Telework or remote work arrangements
• Modified workplace environment
• Assistive technology or equipment
• Policy modifications
• Job restructuring

To Request Accommodation:

1. Notify your employer of your need for accommodation (request does not need to be in writing or use specific legal terms)
2. Employer should engage in interactive dialogue
3. Employer may request medical documentation if disability or need is not obvious
4. Employer and employee identify effective accommodations
5. Employer implements accommodation

Your employer cannot:

• Refuse to engage in the interactive process
• Retaliate against you for requesting accommodation
• Require you to accept inadequate accommodation
• Terminate you for needing accommodation (unless undue hardship can be proven)

For specific guidance on your situation, contact:

• Illinois Department of Human Rights: (312) 814-6200 (Chicago) or (217) 785-5100 (Springfield)
• EEOC: 1-800-669-4000

Source: Illinois Human Rights Act (775 ILCS 5/2-102), EEOC Reasonable Accommodation Guidance

How do I file a discrimination complaint in Illinois?

State Agency – Illinois Department of Human Rights:

Deadline: Within 300 days (federal) or 2 years (state) of discriminatory act

How to File:

1. Online: https://dhr.illinois.gov/filing-a-charge.html
2. Phone: Chicago (312) 814-6200, Springfield (217) 785-5100, Marion (618) 993-7463
3. In Person: Visit any IDHR office
4. Mail: Send written charge to any IDHR office address

What to Include:

• Your contact information
• Employer’s name and address
• Description of discrimination
• Dates of incidents
• Names of witnesses (if any)

Federal Agency – EEOC:

Deadline: 300 days from discriminatory act in Illinois

How to File:

1. Online: https://publicportal.eeoc.gov
2. Phone: 1-800-669-4000
3. In Person: Chicago District Office (walk-ins 9am-12pm, appointments recommended)

What Happens Next:

• Investigation (typically 6-18 months)
• Determination (substantial evidence found or not found)
• If evidence found: Possible conciliation or hearing
• If no evidence: Notice of Right to Sue (allows you to file lawsuit in court)

Note: Filing with either IDHR or EEOC automatically cross-files with both agencies due to worksharing agreement.

Source: Illinois Department of Human Rights, U.S. Equal Employment Opportunity Commission

Can I request remote work as a reasonable accommodation?

Yes, you can request remote work/telework as a reasonable accommodation if you have a disability that necessitates this accommodation.

According to EEOC guidance:

“Telework, also called telecommuting, means working from home or at a location close to home. It may be a reasonable accommodation for some employees with disabilities.”

Factors Considered:

• Can essential job functions be performed remotely?
• Does employer already allow telework for other employees?
• What technology/equipment is needed?
• Is on-site presence truly essential to the position?
• What is the cost to the employer?

Your employer must:

• Engage in interactive process to discuss your request
• Consider remote work if it would enable you to perform essential functions
• Provide accommodation unless it causes undue hardship

Your employer is NOT required to:

• Eliminate essential job functions
• Create a new position
• Provide accommodation causing significant difficulty or expense (undue hardship)
• Allow remote work if on-site presence is truly essential

To make request:

1. Notify your employer of your need for accommodation
2. Explain how your disability necessitates remote work
3. Be prepared to provide medical documentation if requested
4. Engage in interactive dialogue about possible accommodations

If denied: File complaint with IDHR or EEOC if you believe denial was discriminatory or employer failed to engage in good-faith interactive process.

Source: EEOC – Work at Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

What is the Illinois Human Rights Act?

The Illinois Human Rights Act (IHRA) is Illinois’s primary anti-discrimination law, enacted in 1979 and amended multiple times to expand protections.

Coverage: The Act prohibits discrimination in:

• Employment
• Housing (real estate transactions)
• Financial credit
• Public accommodations
• Education (sexual harassment)

Protected Classes in Employment:

• Race
• Color
• Religion
• Sex (including sexual harassment, pregnancy)
• National origin
• Ancestry
• Age (40 and over)
• Marital status
• Order of protection status
• Physical or mental disability
• Military status/unfavorable military discharge
• Sexual orientation (including gender identity)
• Pregnancy
• Citizenship status (employment only)
• Arrest record
• Conviction record (added 2021)

Employer Coverage:

• 1+ employees: Sexual harassment, disability, retaliation
• 15+ employees: Most other protections

Enforcement: Illinois Department of Human Rights investigates charges; Illinois Human Rights Commission adjudicates cases with substantial evidence.

Statute Reference: 775 ILCS 5/
Full Text: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64

For information or to file charge: Contact IDHR at (312) 814-6200 (Chicago) or (217) 785-5100 (Springfield)

Where do I file an EEOC complaint in Illinois?

File EEOC complaints at the Chicago District Office or through the EEOC Public Portal.

EEOC Chicago District Office:

John C. Kluczynski Federal Building
230 South Dearborn Street, Suite 1866
Chicago, IL 60604

Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Office Hours: Monday-Friday, 8:30 a.m. to 3:00 p.m.
Walk-in Hours: Monday-Friday, 9:00 a.m. to 12:00 p.m.
(Appointments strongly recommended)

Filing Methods:

1. Online (Recommended):
   • Visit: https://publicportal.eeoc.gov
   • Create account and submit inquiry
   • Schedule intake appointment (phone, video, or in-person)
2. By Phone:
   • Call 1-800-669-4000
   • Request intake appointment
   • TTY users call 1-800-669-6820
3. In Person:
   • Walk-ins accepted 9:00 a.m. to 12:00 p.m.
   • Appointments given priority
   • Bring photo ID and documentation

Filing Deadline: 300 days from discriminatory act (Illinois has worksharing agreement with EEOC)

What to Bring:

• Photo identification
• Employer information (name, address, phone)
• Dates of discrimination
• Description of what happened
• Names of witnesses
• Any relevant documents

Note: Filing with EEOC automatically cross-files with Illinois Department of Human Rights.

Source: EEOC Chicago District Office
Website: https://www.eeoc.gov/field-office/chicago/location

What is at-will employment in Illinois?

At-will employment means that either the employer or employee can terminate the employment relationship at any time, for any reason or no reason, without advance notice.

According to the Illinois Department of Labor:

“Illinois is an ’employment at-will’ state, meaning that an employer or employee may terminate the relationship at any time, without any reason or cause.”

Key Points:

Employers Can:

• Change terms and conditions of employment (including work location)
• Terminate employees without cause or notice
• Require return to office

Employees Can:

• Resign at any time without notice
• Leave for any reason or no reason

Important Exceptions – Employers CANNOT:

• Discriminate based on protected characteristics (race, sex, age, disability, etc.)
• Retaliate for protected activities (filing complaints, whistleblowing)
• Violate employment contracts or collective bargaining agreements
• Terminate in violation of public policy
• Refuse to provide reasonable accommodations for disabilities

Legal Foundation:

• Common law doctrine (no specific statute)
• Illinois court precedent
• Recognized in Illinois Supreme Court decisions

How It Affects RTO:

• Employers can generally require return to office
• Employees can be terminated for refusing (unless exceptions apply)
• No legal requirement for “just cause” termination (unless contract states otherwise)

Source: Illinois Department of Labor FAQ
Available at: https://labor.illinois.gov/faqs.html

What is the difference between state employee and private sector RTO requirements in Illinois?

State Employees:

As of December 2025, Illinois has not issued a statewide return to office mandate for state employees comparable to executive orders in some other states.

Current Status:

• No active gubernatorial executive order requiring state employee return to office
• Individual state agencies may have their own telework policies
• State employees should consult their specific agency HR departments

Private Sector Employers:

Private employers have discretion to set their own return to office policies under Illinois’s at-will employment framework.

Requirements:

• No statewide mandate or regulation
• Must comply with anti-discrimination laws
• Must provide reasonable accommodations for disabilities
• Must honor employment contracts and CBAs
• Subject to general employment law requirements

Comparison:

State Employees:

1. Statewide Mandate: None as of December 2025
2. Policy Authority: Individual state agencies set their own policies
3. RTO Decision Maker: Agency heads and department directors
4. Union Protections: Often covered by union contracts and collective bargaining agreements
5. Telework Policies: Agency-specific policies vary by department
6. Legal Framework: State employment rules and collective bargaining agreements

Private Sector Employees:

1. Statewide Mandate: None
2. Policy Authority: Individual employers set their own policies
3. RTO Decision Maker: Private employers and company management
4. Union Protections: Collective bargaining agreements apply if unionized
5. Telework Policies: Company-specific policies vary by employer
6. Legal Framework: At-will employment, state and federal employment laws

Common Requirements for Both:

• Must comply with Illinois Human Rights Act
• Must comply with ADA (disability accommodations)
• Must honor employment contracts
• Cannot discriminate based on protected characteristics

Source: Illinois government websites, employment law framework