Brian J Graber LLC is an Illinois pregnancy discrimination lawyer representing Illinois employees discriminated against in violation of Illinois pregnancy discrimination law. The Illinois Human Rights Act provides Illinois employees with broad protections from discrimination on the basis of pregnancy and generally requires employers to provide reasonable accommodations for any medical conditions related to pregnancy and childbirth. Illinois applicants and employees are also protected from pregnancy discrimination under federal law.
Illinois Pregnancy Discrimination Law Applies to all Illinois Employers And Broadly Defines Pregnancy Discrimination
The Illinois Human Rights Act’s pregnancy discrimination law, 775 ILCS 5/2-101(B)(1)(b) applies to all Illinois employees employing one or more employees when the complainant alleges a civil rights violation involving pregnancy. Effective July 1, 2020, the Illinois Human Rights Act’s was amended to provide protection from employment discrimination to all Illinois employees as follows:
“Employer” includes: Any person employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation.
775 ILCS 5/2-101(B)(1)(a).
The Illinois Human Rights Act, 775 ILCS 5/2-101(B)(1)(c) applies to the State and any political subdivision, municipal corporation, or other government unit or agency, without regard to the number of employees.
Under the Illinois Human Rights Act, (IHRA), 775 ILCS 5/1-103(L-5) the term “pregnancy” is broadly defined to include pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. The IHRA, 775 ILCS 5/1-103(L-5) defines “unlawful discrimination” to include discrimination against a person because of her actual or perceived pregnancy. The IHRA, 775 ILCS 5/1-103(L-5) defines pregnancy discrimination broad enough to include discrimination against an employee because she is perceived to be pregnant or is perceived to have medical conditions related to pregnancy.
The IHRA protects Illinois employees from workplace harassment based on pregnancy as follows:
“Harassment” means any unwelcome conduct on the basis of an individual’s actual or perceived . . . pregnancy . . . that has the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase “working environment” is not limited to a physical location an employee is assigned to perform . . . her duties.
775 ILCS 5/1-103(L-5)
Pregnancy Discrimination and Harassment Are Civil Rights Violations
Pregnancy Harassment
The Illinois Human Rights Act makes it a civil rights violation for any employer to:
. . . refuse to hire, to segregate, to engage in harassment, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment on the basis unlawful discrimination. . . . An employer is responsible for harassment by an employer’s non-managerial and non-supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.
775 ILCS 5/2-102(A)
The plain language IHRA, 775 ILCS 5/2-102(A) effective January 1, 2020, seems to impose strict liability on employers for supervisory and management employee’s harassment of employees on the basis of pregnancy or perceived pregnancy. The wording of amended 775 ILCS 5/2-102(A) seems to impose strict liability on employers for pregnancy harassment by their supervisors and managers as was decided by the Illinois Supreme Court in Sanganmon Co. Sheriff’s Dept. v. IHRC, 233 Ill.2d 125 (2009). The IHRA seems to impose liability on employers for pregnancy harassment by co-workers and non-employees on the basis of negligence.
The IHRA, 775 ILCS 5/2-102(A-10) effective January 1, 2020, similarly seems to impose strict liability on employers for their supervisory and management employees’ pregnancy harassment of non-employees in the workplace while imposing liability on a negligence standard on employers for non-managerial and non-supervisory employees.
Pregnancy Discrimination
The IHRA imposes broad liability on employers for pregnancy discrimination as follows:
For an employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms or conditions of employment on the basis of pregnancy, childbirth, or mental or common conditions related to pregnancy or childbirth. . . .
775 ILCS 5/2-102(I)
The IHRA provides broad protections for pregnant employees from employment discrimination. However, Illinois pregnancy discrimination law goes much further and requires employers to provide reasonable accommodations.
Pregnancy Accommodations
The IHRA, 775 ILCS 5/2-102(J)(1) makes it a civil rights violation if after a job applicant or employee, including a part-time, full-time, or probationary employee, requests a reasonable accommodation, for an employer to not make reasonable accommodations for any medical or common condition of a job applicant or employee related to pregnancy or childbirth unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
The IHRA allows employers to request documentation from the employee’s healthcare provider concerning the need for the requested reasonable accommodation. The employee has the responsibility to provide the requested documentation for the accommodation.
The IHRA, 775 ILCS 5/2-102(J)(2) makes it a civil rights violation for an employer to deny employment opportunities or benefits for taking adverse action against an otherwise qualified job applicant or employee if the denial or adverse action is based on the need for the employer to make a reasonable accommodation to the known medical or common conditions related to the pregnancy or childbirth of the applicant or employee.
The IHRA, 775 ILCS 5/2-102(J)(3) makes it a civil rights violation for the employer to require an applicant or employee to accept an accommodation she did not request and the applicant or employee chooses not to accept.
The IHRA, 775 ILCS 5/2-102(J)(4) makes it a civil rights violation for an employer to require an employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided to the known medical or common conditions related to the pregnancy or childbirth of the employee.
The IHRA, 775 ILCS 5/2-102(J)(4) provides further that no employer shall fail or refuse to reinstate the employee affected by a pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other applicable service credits upon signifying her intent to return or when her need for reasonable accommodation ceases unless the employer can demonstrate that the accommodation would impose an undue hardship on the ordinary operation of the business of the employer.
Reasonable Accommodations
The IHRA, 775 ILCS 5/2-102(J)(4) identifies several “reasonable accommodations” including the following:
- More frequent or longer bathroom breaks;
- Breaks for increased water intake;
- Breaks for periodic rest;
- Private non-bathroom space for expressing breast milk and breastfeeding;
- Seating;
- Assistance with manual labor;
- Light duty;
- Temporary transfer to a less strenuous or hazardous position;
- The provision of an accessible worksite;
- Acquisition or modification of equipment;
- Job restructuring;
- A part-time or modified work schedule;
- Appropriate or modifications of examinations, trying materials, or or policies;
- Reassignment to a vacant position;
- Time off to recover from conditions related to childbirth; and
- Leave necessitated by pregnancy, childbirth, or medical or common conditions resulting from pregnancy or childbirth.
Learn more about your rights to pregnancy accommodations here. Contact Brian J Graber LLC, an Illinois pregnancy discrimination lawyer at (312) 291-4648, or by email to learn more about your rights to pregnancy accommodations under The Illinois Human Rights Act and Title VII. The Pregnant Workers Fairness Act went into effect on June 27, 2023. Click here to learn about your rights to pregnancy accommodations under federal law.
Retaliation
The IHRA, 775 ILCS 5/6-101 imposes liability on employers and individuals that engage in retaliation against persons because he or she opposed workplace discrimination. However, the IHRA, 775 ILCS 5/6-101(A) imposes liability on an employer for retaliating against an employee because she attempted to request, used, or attempted to use reasonable accommodation as allowed by this Act. Therefore, an employer that retaliates against an employee for requesting one or more of the reasonable accommodations described above may have liability under 775 ILCS 5/6-101(A).
Statute of Limitations
The statute of limitations under the IHRA, 775 ILCS 5/7A-102(A)(1) requires an employee or applicant to file a Charge of Discrimination in writing with the Illinois Department of Human Rights 300 calendar days after the date that the civil rights violation allegedly has been committed. The failure to timely file a Charge of Discrimination with the Illinois Department of Human Rights can result in you being barred from ever recovering against your employer and the responsible parties. Therefore, you should contact an Illinois pregnancy discrimination lawyer as soon as possible to protect your rights under the Illinois pregnancy discrimination law.
If you would like to learn more about your rights under the Illinois pregnancy discrimination law, contact Brian J Graber LLC, an Illinois pregnancy discrimination lawyer at (312) 291-4648 or by email to schedule a free confidential consultation.