Chicago Pregnancy Discrimination Lawyer

Pregnancy Discrimination Lawyers in Chicago

Protecting Pregnant Workers in Chicago and Illinois

It is illegal to fire someone because they are pregnant. The tougher issue is showing that the termination was actually because of the pregnancy. Sometimes employers will make up a reason because they know that it is illegal to fire someone because they are pregnant.

Pregnancy should be a time of celebration and anticipation, but for some women, it can also be a time of difficulty in the workplace. Pregnancy discrimination is a serious issue that can affect your job, your career, and your overall well-being. At Workplace Law Partners, we are committed to protecting the rights of pregnant employees in Chicago. Our experienced attorneys work tirelessly to ensure that you receive the legal support you need to address and resolve any pregnancy discrimination claims

Pregnancy discrimination occurs when an employee or job applicant is treated unfairly because of their pregnancy, childbirth, or related medical conditions. Furthermore, women who are pregnant cannot be adversely affected by work policies based on their pregnancy, childbirth, or associated conditions.

In the U.S., pregnancy discrimination is prohibited under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) when pregnancy-related conditions require accommodations. Additionally, the Family and Medical Leave Act (FMLA) provides eligible employees with unpaid leave for pregnancy and childbirth-related reasons. Employers must also comply with the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which ensures break time and a private space for breastfeeding employees.

Pregnancy discrimination may occur in various situations, including:

Hiring
Firing
Wages
Job assignments
Promotions
Training
Benefits

Request your complimentary case review with one of our Chicago pregnancy discrimination lawyers by calling (312) 818-2407 today.

Pregnancy Discrimination Laws in Illinois

The Equal Employment Opportunity Commission (“EEOC”) has deemed pregnancy discrimination a growing problem. As such, the EEOC recently issued guidance on pregnancy discrimination in the workplace that requires “pregnant employees to be treated the same as non-pregnant employees,” and requires accommodations to be provided to pregnant employees that is of equal accommodations provided to non-pregnant employees.

Employers in Illinois may not:

Implement policies that are outright discriminatory against pregnant women
Discharge or refuse to hire or promote a woman because she is pregnant
Establish mandatory maternity lave unrelated to the employee’s ability to work
Prohibit the employee from returning to work for a predetermined period following childbirth

It is ultimately unlawful for an employer to differentiate between pregnancy related and other disabilities. A pregnant female employee must be treated just as another temporarily disabled employee would be treated. Therefore, an employer must make reasonable accommodations to allow the employee to perform modified job duties or an alternative work assignment.

If neither a modification of job duties or an alternative work assignment is sufficient, the employer may need to allow the employee to take disability leave or unpaid leave as it would for other employees.

Employees who are or were pregnant and feel they are being or have been discriminated against due to their pregnancy should discuss their circumstances with an attorney. Our firm can help employees investigate the merits of their case and determine whether discrimination has occurred.

Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms. Some common examples include:

Job Termination: A pregnant employee is fired or laid off simply because she is pregnant.
Denial of Promotions: A qualified pregnant employee is overlooked for a promotion or raises because of their pregnancy.
Harassment: Pregnant employees may face verbal abuse, jokes, or other forms of harassment related to their pregnancy.
Failure to Provide Accommodations: Pregnant employees may be denied reasonable accommodations for medical needs related to pregnancy, such as frequent bathroom breaks, a more comfortable chair, or reduced lifting.
Retaliation: An employee who complains about pregnancy discrimination may face retaliation, such as job reassignment or demotion.
Job Assignment Discrimination: Pregnant women may be assigned less desirable or lower-paying jobs based on their pregnancy status.

Maternity Leave Laws in Illinois

Aside from the aforementioned, the Family and Medical Leave Act (“FMLA”) adds additional protections to the Pregnancy Discrimination Act. The FMLA provides for additional rights for break times when nursing.

The FMLA also allows pregnant employees who meet certain conditions to take up to 12 weeks of unpaid leave during a 12-month period for:

Childbirth
Adoption
Serious health conditions
Taking care of a sick child or family member

Employees cannot be fired due to taking maternity leave under the FMLA. When you return from your leave, your employer is required to reinstate you to the same or a similar position.

The Illinois Human Rights Act (IHRA)

In Illinois, pregnant women are protected by state law as well as federal law. The Illinois Human Rights Act (IHRA) prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions. This includes protections against harassment, retaliation, and unequal pay. Additionally, the IHRA requires employers to provide reasonable accommodations to pregnant employees, such as modified job duties or additional time off.

Despite these legal protections, pregnancy discrimination is still a problem in Illinois. According to a 2019 report by the National Women's Law Center, nearly one in four pregnant women in Illinois report experiencing discrimination at work. This is particularly true for women of color and low-income women, who are more likely to work in low-wage jobs without the same legal protections as higher-paid workers.

Fortunately, there are resources available to women who have experienced pregnancy discrimination in Illinois. The Illinois Department of Human Rights (IDHR) is responsible for enforcing the IHRA and investigating claims of discrimination. Women who believe they have been discriminated against can file a complaint with the IDHR, which will investigate the claim and determine whether there is evidence of discrimination.

Additionally, there are a number of organizations in Illinois that provide legal and advocacy services for pregnant women and new mothers. These organizations can provide legal advice, representation, and support to women who have experienced discrimination, as well as working to raise awareness of the issue and push for policy changes.

How Federal and Illinois Laws Work Together to Protect Pregnant Workers

Pregnant employees and new mothers in Illinois benefit from robust legal protections thanks to the combined strength of federal and state laws. The Pregnant Workers Fairness Act (PWFA) and the IHRA work hand in hand to ensure workers receive reasonable accommodations and aren’t discriminated against or retaliated against due to pregnancy, childbirth, or related medical conditions.

Key Points on How the Laws Complement Each Other

Broad Coverage

The PWFA applies to employers nationwide with 15 or more employees. The IHRA covers virtually all Illinois employers, even those with only one employee. This means if you work for a small business in Illinois, you are likely protected by state law even if the federal PWFA does not apply.

Scope of Protections

Both laws require reasonable accommodations for pregnancy, childbirth, and related conditions such as morning sickness, gestational diabetes, postpartum depression, and lactation. Illinois law explicitly protects a broader array of reproductive health decisions, including contraception, abortion, and fertility treatments—areas the PWFA does not specifically address.

Reasonable Accommodations

Employers must engage in an interactive process with employees to find suitable accommodations that allow pregnant workers to continue performing their jobs safely. Examples include additional breaks, modified work duties, light duty, or temporary schedule changes.

Employers are also prohibited from forcing employees to take leave if accommodations would allow them to continue working.

Anti-Discrimination and Anti-Retaliation Protections

Both laws prohibit employers from discriminating against pregnant workers by firing, refusing to hire or promote, reducing pay, or treating workers unfairly due to pregnancy or related conditions. Employers also cannot retaliate against employees for requesting accommodations or filing complaints.

Enforcement and Filing Timeframes

You can file a discrimination complaint with either the IDHR or the federal EEOC. Illinois allows up to two years for filing complaints with the IDHR, longer than the PWFA’s 300-day limit for federal claims in Illinois. You can file with both (cross-filing), ensuring full protection under state and federal law.

No Reduction in Protections

The PWFA does not override or weaken Illinois law but adds a federal backstop, ensuring that pregnant workers in Illinois have strong, layered legal protections regardless of employer size or specific circumstances.

Together, these laws create a safety net supporting pregnant workers’ rights to dignity, fairness, and workplace accommodations at all employer sizes in Illinois. Whether you are dealing with routine pregnancy needs or more complex medical conditions, you have the right to be supported, protected, and treated equally.

If you believe your employer has violated these rights, you have multiple pathways to seek justice and ensure your health and career are respected.

Protecting Your Career During Pregnancy

Being pregnant should not hinder your career growth or result in discrimination in the workplace. At Workplace Law Partners., we are dedicated to protecting the rights of pregnant employees in Illinois. Our team of experienced pregnancy discrimination lawyers is here to guide you through the legal process and ensure that your rights are upheld.

Understanding your rights as a pregnant employee is crucial. Our Chicago pregnancy discrimination attorneys can help you understand:

Pregnancy Discrimination Laws in Illinois: Familiarize yourself with the laws that protect pregnant employees in Illinois. These laws prohibit discrimination based on pregnancy, childbirth, and related medical conditions.
Reasonable Accommodations: Employers are required to provide reasonable accommodations to pregnant employees, such as modified work duties, additional breaks, or temporary transfers to less physically demanding roles.
Maternity Leave Laws in Illinois: Learn about your rights regarding maternity leave, including the length of leave you are entitled to and the benefits you may receive during this time.

At Workplace Law Partners., we stay up to date with the latest changes in pregnancy discrimination laws and provide comprehensive legal assistance tailored to your specific situation.

Steps to Take If You Are Facing Pregnancy Discrimination

If you believe you are experiencing pregnancy discrimination, it’s essential to take the following steps:

Document Everything: Keep a detailed record of any incidents of discrimination, including dates, times, locations, and people involved. Save emails, text messages, or any other evidence that supports your claim.
Notify Your Employer: Report the discrimination to your employer, if you feel safe doing so. Many companies have policies in place for handling discrimination complaints.
Consult an Attorney: Pregnancy discrimination cases can be complex. Contact an experienced attorney who can evaluate your case, help you understand your rights, and determine the best course of action.
File a Formal Complaint: You may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). A lawyer can assist you with this process to ensure your complaint is properly filed and pursued.

Why Choose Workplace Law Partners?

At Workplace Law Partners, we are passionate about fighting for the rights of workers, particularly those who face discrimination based on pregnancy. Our team of experienced attorneys understands the intricacies of pregnancy discrimination laws and can provide you with tailored legal support to ensure that your rights are protected.

Here’s why you should choose us to represent you:

Experience: We have years of experience handling pregnancy discrimination cases and have successfully represented clients in both federal and state courts.
Personalized Approach: We understand that every case is unique. We take the time to understand your specific situation and provide legal guidance that fits your needs.
Compassionate Advocacy: We know how stressful and emotional pregnancy discrimination cases can be. Our team is committed to supporting you every step of the way, both legally and emotionally.
Proven Success: We have a track record of success in securing favorable outcomes for our clients, including settlements, awards, and successful court decisions.
No Fees Unless You Win: We work on a contingency fee basis, which means you won’t owe us anything unless we win your case.

Schedule your initial case review with our pregnancy discrimination lawyers in Chicago by calling us at (312) 818-2407 or filling out our online form today.

Pregnancy Discrimination FAQs

What are the legal protections for pregnant women in Illinois?

Pregnant women in Illinois are protected by the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act. The state law, the Illinois Human Rights Act (IHRA), also prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions. This includes protections against harassment, retaliation, and unequal pay.

What can I do if I experience pregnancy discrimination in Illinois?

If you feel you’ve experienced pregnancy discrimination at work in Illinois, you should discuss your circumstances with an attorney. You can also file a complaint with the state’s Department of Human Rights (IDHR). There are also organizations that provide legal advice and representation to pregnant women who have experienced discrimination.

What should employers do to ensure that their policies don't discriminate against pregnant women?

Employers should make sure their policies comply with applicable laws such as the Pregnancy Discrimination Act of 1978 and Americans with Disabilities Act. Additionally, they should provide reasonable accommodations such as modified job duties or additional time off for doctor's appointments when necessary.

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Here is important information from our employment law handbook on pregnancy discrimination:

Chapter 3

Pregnancy Discrimination

Is it a wrongful termination to fire someone after they get pregnant in Illinois?

Illinois passed a law (PA 98-1050) requiring that employers of any size make reasonable accommodations arising out of pregnancy. The law relates to accommodations while the employee is pregnant, recovering from childbirth, and if the employee is having common medical conditions associated with being pregnant.

Reasonable Accommodations: Employers must provide reasonable accommodations unless the employer can show an undue hardship. Reasonable accommodations are reasonable, temporary changes that let an individual do the essential functions of a job while pregnant or recovering from childbirth. Employers cannot retaliate against an employee who requests a reasonable accommodation. In Illinois, the Illinois Department of Human Rights processes employment discrimination claims.

Under federal law, the EEOC enforces the Pregnancy Discrimination Act. Notably, the EEOC regards inquiry into whether an applicant intends to become pregnant as evidence of employment discrimination. Here is the EEOC’s web site for filing a charge of discrimination: https://www.eeoc.gov/employees/howtofile.cfm

The general rule that rules be applied uniformly to all employees applies to pregnant women as well. That is, women who are pregnant cannot be adversely affected by work policies based on their pregnancy, childbirth or associated conditions. Pregnancy discrimination may occur in various situations, including hiring, firing, pay, job assignments, promotions, training, and benefits.

Furthermore, employers may not implement policies that are discriminatory against pregnant women on their face. An employer may not discharge or refuse to hire or promote a woman because she is pregnant. However, an employer is further prohibited from implementing policies that discriminate against pregnant women even if those policies benefit the employee. For example, employers may not establish mandatory maternity leave that is unrelated to the employee’s ability to work and employers may not prohibit the employee from returning to work for a predetermined period following childbirth.

The Equal Employment Opportunity Commission (“EEOC”) has deemed pregnancy discrimination a growing problem. As such, the EEOC recently issued a new guidance on pregnancy discrimination in the workplace that requires “pregnant employees to be treated the same as non-pregnant employees,” and requires accommodations to be provided to pregnant employees that is of equal accommodations provided to non-pregnant employees. Thus, because a pregnant female employee must be treated just as another temporarily disabled employee would be treated, an employer must make reasonable accommodations to allow the employee to perform modified job duties or an alternative work assignment. If neither a modification of job duties or an alternative work assignment is not sufficient, the employer may need to allow the employee to take disability leave or unpaid leave as it would for other employees.

Family and Medical Leave Act: Aside from the aforementioned, the Family and Medical Leave Act (“FMLA”) adds additional protections to the Pregnancy Discrimination Act. In particular, the FMLA provides for additional rights for break times when nursing and allows pregnant employees who meet certain conditions to take up to twelve weeks of unpaid leave during a twelve month period for childbirth, adoption, serious health conditions, or to take care for a sick child or family member.

The Bottom Line: It is ultimately unlawful for an employer to differentiate between pregnancy related and other disabilities. Employees who are or were pregnant and feel they are being or have been discriminated against due to their pregnancy should discuss their circumstances with an attorney.