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BOP NEWSLETTER • October 2024

New Hampshire: employers’ right to regulate guns at work gets restricted

Currently, private employers can bar employees from storing guns in personal vehicles parked in the employer’s parking lots. They also can ban all firearms, permit firearms, or place conditions on possession of firearms on their property.

Beginning Jan. 1, 2025, the new law provides that public and private employers that receive public funds from federal or state governments, regardless of whether the funds are for contractual services, grants, or another reason, and irrespective of the amount of such funding, shall not:

(a) Prohibit an employee who may legally possess a firearm from storing a firearm or ammunition in the employee’s vehicle while entering or exiting the employer’s property or while the vehicle is parked on the employer’s property as long as the vehicle is locked, and the firearm or ammunition is not visible.

(b) Take any adverse action against any employee who stores a firearm or ammunition in accordance with this section. 

All employers are prohibited from requiring an employee to disclose whether the employee is storing a firearm or ammunition in their vehicle. An employer may not search or require a search of an employee’s vehicle for a firearm or ammunition, except by a law enforcement officer pursuant to a warrant or a recognized exception to the warrant requirement.

Illinois: three new laws: 1) statute of limitations extended for discrimination claims, 2) new protected classes established, and 3) restrictions on artificial intelligence use

1) Illinois will have one of the longest statute of limitations for employment discrimination claims. Effective January 1, 2025, the deadline individuals have for filing an administrative charge with the Illinois Department of Human Rights based upon employment discrimination, harassment, or retaliation is extended to two years after the date that a civil rights violation allegedly has been committed.

2) Effective January 1, 2025, Illinois employers are prohibited from taking adverse actions against an employee, or prospective employee, based upon the employee’s “family responsibilities” or “reproductive health decisions.”

3) Effective on January 1, 2026, employer use of artificial intelligence (AI) will be regulated to include a requirement to provide notice to employees (including apprentices and applicants for apprenticeship) when an AI tool is used for the purpose of “recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.”

The amendment confirms that employers are liable if the use of AI for any of the purposes listed above results in discrimination against classes of individuals protected by the Illinois Department of Human Rights.