Plain-English explanation.
Pregnant workers may be entitled to reasonable accommodations and a real interactive process rather than pressure or punishment. 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.
Does this sound familiar?
- You asked for lifting restrictions, modified schedules, additional breaks, seating, or remote work.
- Your employer refused without exploring alternatives or asking for more information.
- You were forced to take unpaid leave instead of being accommodated.
- Your employer required medical documentation that was excessive or invasive.
- Coworkers with similar physical restrictions received accommodations you were denied.
- You were retaliated against for requesting an accommodation.
- Time for prenatal appointments was treated as discipline rather than an accommodation.
What the law may protect.
The PWFA applies to employers with 15 or more employees and is enforced by the EEOC. It requires an interactive process between employer and employee to identify a reasonable accommodation. Examples include lifting restrictions, modified schedules, additional breaks, seating, time for prenatal appointments, and temporary reassignment. Remedies can include back pay, front pay, compensatory damages, punitive damages where authorized, 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.
What evidence should you save?
- The accommodation request, in writing if possible.
- Medical documentation supporting the limitation.
- The employer's response and any counter-proposals.
- Any HR communications about the accommodation process.
- Records of comparator accommodations provided to other employees.
- Schedule, payroll, and time records during the accommodation period.
- Any discipline or adverse action that followed the request.
Deadlines to know.
EEOC charges under the PWFA must be filed within 300 days of the adverse action in Illinois. After receiving a notice of right to sue, a federal lawsuit must be filed within 90 days. Related state-law claims through the IDHR have their own 300-day deadline.
Questions people ask.
How is the PWFA different from the ADA?
The PWFA covers limitations from pregnancy, childbirth, or related conditions even if they would not meet the ADA's disability definition. The accommodation standard is also more employee-friendly for temporary suspensions of essential functions.
Does the PWFA cover all employers?
It applies to employers with 15 or more employees. The Illinois Human Rights Act and Illinois Pregnancy Accommodation Law apply more broadly, including to smaller employers.
Can my employer ask for documentation of every accommodation?
The EEOC regulations allow reasonable documentation requests but discourage demands for medical records for obvious or routine accommodations.
What if my employer claims undue hardship?
Undue hardship is a high bar. It requires significant difficulty or expense considering the employer's size, resources, and operations. Employers must do the analysis, not just assert the conclusion.