Baby on Board: Illinois Increases Protection in the Workplace for Expectant and New Mothers

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On August 26, 2014, Illinois Governor Patrick Quinn signed into law House Bill 8, an amendment to the Illinois Human Rights Act (the “IHRA”) that prohibits discrimination on the basis of pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. The amendment will become effective on January 1, 2015.

The amendment provides that it is a civil rights violation for an employer, defined as, “[a]ny person employing one or more employees,” to:

  • Refuse to 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 employer may request certain narrowly tailored documentation from the employee’s health care provider concerning the need for the accommodation(s) if the request is job-related and consistent with business necessity);
  • Deny employment opportunities or benefits or take adverse action against an otherwise qualified job applicant or employee based on the need to make reasonable accommodations to the known medical or common conditions related to pregnancy or childbirth;
  • Require a job applicant or employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to accept an accommodation when the applicant or employee did not request an accommodation and chooses not to accept an accommodation; or
  • Require an employee to take leave if another reasonable accommodation can be provided to the known medical or common conditions related to the pregnancy or childbirth of the employee. Additionally, no employer shall refuse to reinstate an employee to her original job or an equivalent position with equivalent pay and benefits upon her signifying intent to return or when her need for accommodation ceases, unless the employer can demonstrate that the accommodation would impose an undue hardship on its business.

The amendment lists the following non-exhaustive examples of potential reasonable accommodations: 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; provision of an accessible worksite; acquisition or modification of equipment; job restructuring; a part-time or modified work schedule; appropriate adjustment or modifications of examinations, training materials, 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.

The Illinois amendment comes on the heels of the Equal Employment Opportunity Commission’s recently updated Enforcement Guidance on Pregnancy Discrimination and Related Issues (the “Guidance”), issued on July 14, 2014. (A link to the Guidance can be accessed here: http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm, and a summary of the Guidance can be accessed here: http://www.klgates.com/controversy-surrounds-eeocs-pregnancy-discrimination-guidance-08-08-2014.)

Employers would be well advised to closely monitor the rapid change in laws relating to workplace protections for pregnant and new mothers, especially at the federal level. Most notably, President Barack Obama recently called on Congress to pass the “Pregnant Workers Fairness Act,” and the United States Supreme Court will be hearing Peggy Young v. United Parcel Service Inc., a case involving a pregnant employee who says she was discriminated against after asking for a lighter duty assignment to accommodate her pregnancy-related limitation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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