Filed under Pregnancy, Leave, and Breastfeeding

Pregnancy Discrimination.

Direct answer Pregnancy is a protected status under federal and Illinois law. Employers cannot demote, reassign, deny accommodations, or terminate based on pregnancy, childbirth, or related medical conditions. Returning from leave to a worse position is also actionable.

Call (312) 248-3303
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Plain-English explanation.

Pregnancy discrimination can appear as schedule changes, discipline, lost opportunities, accommodation denials, or termination. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.

For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.

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Does this sound familiar?

  • Treatment changed after you disclosed your pregnancy.
  • An accommodation request (modified duties, lifting restrictions, more frequent breaks) was denied.
  • You were forced onto leave instead of being accommodated.
  • Your responsibilities shrank or your position was eliminated during or after leave.
  • Comments were made about your commitment, your future plans, or your physical condition.
  • Coworkers received similar accommodations (for back injuries, for example) that you were denied.
  • Termination followed your announcement, your accommodation request, or your return.
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What the law may protect.

The Pregnancy Discrimination Act amended Title VII to treat pregnancy discrimination as sex discrimination. The Pregnant Workers Fairness Act (effective 2023) requires reasonable accommodation for pregnancy, childbirth, and related medical conditions. The Illinois Human Rights Act applies to all employers with one or more employees and has its own pregnancy accommodation requirements. Remedies include back pay, front pay, compensatory damages, punitive damages where authorized, reinstatement, and attorney fees.

Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.

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What evidence should you save?

  1. The date you disclosed your pregnancy and to whom.
  2. Your written accommodation request and the response.
  3. Performance reviews from before and after disclosure.
  4. Communications discussing your pregnancy, leave plans, or return to work.
  5. Documentation of accommodations other employees received for comparable conditions.
  6. The position, schedule, and duties you held before and after leave.
  7. Medical records or doctor's notes provided to the employer.
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Deadlines to know.

EEOC charges must be filed within 300 days in Illinois. IDHR charges have a 300-day deadline. After receiving a notice of right to sue, a federal lawsuit must be filed within 90 days. Illinois-only claims through the IDHR can sometimes proceed without a parallel EEOC filing.

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Questions people ask.

Does the Pregnant Workers Fairness Act apply to all employers?

The PWFA applies to employers with 15 or more employees. The Illinois Human Rights Act applies to employers with one or more employees, so smaller employers may still be covered.

Can my employer fire me while I am on maternity leave?

Not because of the leave. Termination during leave is allowed only for reasons unrelated to the leave, with the burden on the employer to show the legitimate reason.

What if I cannot perform my full job duties?

Your employer must consider reasonable accommodations such as light duty, modified schedules, or temporary reassignment, just as it would for an injured non-pregnant employee.

Do I have to provide a doctor's note?

Employers can request reasonable medical certification, but the request must not be excessive or used to delay accommodation.

Contact

Begin with the facts.

The first conversation is about the facts, the timeline, and what is at stake. If GB Law can help, you will understand the next step. If not, you will get a straight answer.

Office
1821 W Hubbard Street, #209
Chicago, Illinois 60622
Direct
(312) 248-3303
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