Illinois Employers Must Provide Reasonable Accommodations To Pregnant Employees

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Illinois Governor Pat Quinn has signed into law amendments to the Illinois Human Rights Act (“IHRA”) that require all employers to provide reasonable accommodations for any medical or common condition of a job applicant or employee related to pregnancy or childbirth. The IHRA already prohibits discrimination based on pregnancy.  Under the amendments, employers must now provide reasonable accommodations related to pregnancy or childbirth, including, among others:  reasonable modifications to the job application process, work environment, or job to allow the employee to perform the essential functions of the job; longer or more frequent breaks; private non-bathroom space for expressing breast milk and breastfeeding; assistance with manual labor; light duty or transfer to a less strenuous position; time off to recover and/or leaves of absence.  The employer and employee are required to engage in a timely, good faith and meaningful exchange to determine an effective accommodation, but an employer cannot require an employee to accept an accommodation that was not requested by the employee.  An employer is not required to provide an accommodation requested by an employee that would constitute an undue hardship.  The employer may require the employee to provide documentation from the employee's health care provider to support the need for the accommodation.  All employers will be required to post a notice describing employees’ rights under the amendments, which the Illinois Department of Human Rights will issue in the coming months, or to include the notice in employee handbooks.  Significantly, unlike the Family and Medical Leave Act, which has certain employee eligibility requirements, the amendments to the IHRA provide protections to all full-time, part-time or probationary employees.  The new law applies to all employers with at least one employee in the State and is effective January 1, 2015.

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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