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.
Pregnancy Discrimination
Chicago Pregnancy Discrimination Attorney
Discrimination in the workplace remains a major issue within the area of employment law. There are numerous types of discrimination, including discrimination based on race and gender. However, pregnancy discrimination is another form that affects workers and employers across the state of Illinois. Our law office represents employees who face pregnancy discrimination, as well as employers who are wrongfully accused. Mitchell A. Kline is a Chicago discrimination lawyer who has spent the last 20 years handling discrimination law cases.
The Illinois Law
In January of 2015, the Illinois Human Rights Act (IHRA) was amended to include pregnancy discrimination and accommodation amendments. These changes added several new requirements, which employers must incorporate into their respective workplace policies. Under the amendment, pregnancy is classified as a legally protected class, applying to individuals who are currently pregnant or recently gave birth. This provides protection from any adverse and discriminatory acts by employers against the party in relation to pregnancy or childbirth.
Among other regulations, the amendments require that employers provide the following accommodations:
- 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 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.
Employers’ Rights
The amendment gives employers the right to request certain medical documentation about the pregnancy. However, the documentation request is limited to the following:
- Medical justification for the requested work accommodation;
- Description of medically advisable accommodations;
- Advisable date to begin accommodation; and
- Likely duration for the medical accommodation.
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?
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.
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