DECATUR, IL… State Representative Regan Deering (R-Decatur) issued the following statement after Governor Pritzker signed legislation expanding the existing Construction Site Temporary Restroom Facility Act.
SB 3465 requires construction sites with 10 or more workers to provide a separate restroom for women and individuals who menstruate when a woman or individual who menstruates is employed on the site and the nature of the person’s job does not inherently limit their presence to two days or less.
The restroom must be designated for use by women and individuals who menstruate and identified with exterior signage. The law also requires employers to provide menstrual hygiene products at no cost to workers who need them.
Deering said the new requirements could create significant logistical and financial challenges for businesses, particularly small businesses and contractors working on short-term projects.
“This new law is just another added mandate and cost on businesses in Illinois,” said Rep. Deering. “Our state is already struggling with businesses leaving Illinois, and laws like this paint a clear picture of why. Every new mandate makes it more difficult and more expensive to do business in our state.”
The law also requires construction employers to provide lactation accommodations upon request, unless doing so would constitute an undue hardship. Those accommodations may include flexible work schedules and breaks, a private and lockable location other than a bathroom for expressing breast milk, refrigeration for milk storage, and access to a convenient water source for cleaning and hand washing.
Employers who fail to comply can face fines of up to $100, with a seven-day grace period following written notice for applicable first-time violations.
Deering also opposed language in the new law that refers to coverage for “women and individuals who menstruate.”
“Women are women, and our laws should be written in clear, common-sense language,” continued Deering. “Small businesses are the backbone of our economy, yet at every turn, Springfield is making it more expensive and more difficult for them to operate through additional mandates and fees. We need policies that work for both employees and employers—not policies that make it harder to do business and continue to drive employers out of Illinois.”
SB 3465 passed the General Assembly along partisan lines following opposition from small business advocates. Governor Pritzker signed the legislation into law, and the new law takes effect January 1, 2027.
For more information, please contact Rep. Deering at (217) 876-1968 or visit RepDeering.com.
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