Pregnancy Discrimination

Chicago Pregnancy Discrimination Lawyer

Announcing a pregnancy should be a moment of joy, not the start of unfair treatment at work. Yet too many employees in Illinois find themselves demoted, denied accommodations or fired soon after sharing their news. Pregnancy discrimination is illegal, and you don’t have to accept it.

At the Law Office of Mitchell A. Kline, we help workers across the Chicago area stand up to employers who cross the line. With more than 30 years of employment law experience, we’ve built a proven record of success in discrimination cases.

Who We Serve in Pregnancy Discrimination Cases

Pregnancy discrimination takes many forms, and it isn’t always obvious. Here are some of the situations we handle for clients:

  • Fired After Requesting Leave or an Accommodation: You lost your job after requesting or taking pregnancy-related leave, and your employer may have blamed attendance, performance, restructuring or a policy violation to cover it up.
  • Targeted After Announcing a Pregnancy: You shared your news and then faced worse treatment, a sudden write-up, reduced hours, a poor review, a demotion or termination.
  • Denied Necessary Accommodations: Your employer refused reasonable changes to your role, ignored requests for protected leave to recover from a pregnancy-related illness or failed to provide a private space for breastfeeding.

If your story sounds like any of these, you may have a valid claim worth pursuing.

The Laws That Protect You

Under the Illinois Human Rights Act (IHRA), pregnancy is treated as a protected class. This means your employer cannot take adverse action against you because you are pregnant or recently gave birth. Under these protections, employers must provide reasonable accommodations, which can include:

  • Assignment to light duty work when appropriate;
  • Longer and more frequent bathroom breaks;
  • A private bathroom space for breastfeeding and milk expressing (Under the Illinois Nursing Mothers in the Workplace Act, employers are required to provide a private room and not just a bathroom stall);
  • Increased breaks for water intake and rest periods;
  • Worksites that are physically accessible;
  • Modified work schedules to include part-time if appropriate;
  • Transfer of pregnant workers to less strenuous work positions; and
  • Adequate time off for recovery from pregnancy, childbirth and related conditions.

It’s important to note that employers may not force any accommodation on an employee who did not request it. In addition, the amendments also prohibit employers from forcing pregnant employees to take leave if a reasonable accommodation is available.

Job restoration is another vital aspect of the IHRA amendments. Unless an employer can make a successful showing of undue hardship, an employee affected by pregnancy, childbirth, or a pregnancy-related medical condition must be reinstated to her original job or a position equivalent to the original job. This includes equivalent pay, seniority, fringe benefits and retirement.

Understanding these rights is the first step. Enforcing them is where our team comes in.

Why Work With Our Team

Choosing the right attorney can make all the difference in your case. Here’s what sets our firm apart:

  • No Upfront Fees: We handle many employment cases on a contingency basis; you pay nothing unless we recover compensation for you.
  • Experience in Pregnancy Discrimination: We have a deep understanding of Illinois and federal pregnancy discrimination laws, giving your case the focused attention it deserves.
  • Proven Case Strategy: We build a tailored legal strategy around the facts of your pregnancy discrimination claim, so no detail goes unaddressed.
  • Direct Access to Your Attorney: You work directly with Mitchell A. Kline, not a paralegal or junior associate, throughout your entire case.
  • Clear, Consistent Communication: We keep you informed at every stage, answer your questions promptly and make sure nothing falls through the cracks.
  • A Record of Results: Clients and peers alike recognize Mitchell A. Kline for his professionalism and unwavering commitment to workplace justice.

Proving Your Chicago Discrimination Case

When pregnancy discrimination allegations arise, you need an experienced Chicago employment law attorney to create an action strategy and navigate the court process. The Law Office of Mitchell A. Kline represents pregnancy discrimination plaintiffs, as well as wrongly accused employers. Waste no time in contacting an experienced and knowledgeable attorney. Time is of the essence in gathering evidence. Contact the Law Office of Mitchell A. Kline today for a free consultation and review of your case.

FAQs About Pregnancy Discrimination in Illinois

What Actions Are Considered Pregnancy Discrimination?

Under the Illinois Human Rights Act (IHRA), pregnancy is a legally protected class, making it illegal for an employer to take adverse action against you because you are pregnant or have recently given birth. This can include unfair treatment in hiring, pay, promotions, termination, job assignments, or any other condition of employment.

What Accommodations Must My Illinois Employer Provide?

Under Illinois law, employers are required to provide reasonable accommodations for conditions related to an employee’s pregnancy. These accommodations can include more frequent bathroom breaks, access to a private space for breastfeeding, assignment to light duty, modified work schedules, and adequate time off for recovery from childbirth. Employers cannot force an accommodation on you if you have not requested one.

Can My Illinois Employer Lay Me Off or Force Me to Take Leave?

If a reasonable accommodation would allow a pregnant employee to continue working, their employer cannot force them to take leave. Forcing you out of your role or laying you off due to your pregnancy is a form of discrimination and is prohibited under state law.

What Are My Job Restoration Rights After Pregnancy Leave?

After taking leave for pregnancy, childbirth, or a related medical condition, you are entitled to be reinstated to your original job or an equivalent position. This equivalent role must have the same pay, seniority, benefits, and retirement options, unless your employer can demonstrate that doing so would lead to undue hardship on their business operations.

Can My Employer Ask for Medical Documentation?

Yes, but the requests are limited. An employer may request medical documentation only to confirm the need for a requested accommodation, understand which accommodations are medically advisable, and determine the expected start date and duration of the accommodation. They cannot ask for more medical information than is necessary for these purposes.

What Our Clients Are Saying