Pregnancy should be an exciting and joyful time, but for many people, it can come with unexpected challenges – especially when it comes to facing discrimination. Whether you’re applying for a job, working while pregnant, looking for housing, or trying to access services, Illinois law protects your rights.
If you believe you’ve been treated unfairly because of your pregnancy, you may have legal options. This guide explains your rights under Illinois law, covering employment, housing, and public accommodations. We’ll also show you how to recognize discrimination, what steps to take, and how our law firm can help you fight back.
Pregnancy Discrimination in Employment
In Illinois, the Illinois Human Rights Act (IHRA) makes it illegal for employers to discriminate against you because you are pregnant. This includes decisions related to hiring, firing, promotions, pay, job assignments, and working conditions. Both state and federal laws protect your pregnancy rights at work.
What Counts as Pregnancy Discrimination at Work?
Pregnancy discrimination in the workplace can take many forms, including:
- Refusing to Hire You: If an employer chooses not to hire you because you’re pregnant or might become pregnant, that’s illegal.
- Firing or Demoting You: Employers cannot fire, demote, or reduce your hours because you’re pregnant or need time off for pregnancy-related issues.
- Denying Reasonable Accommodations: If you need accommodations, like more bathroom breaks, a chair to sit on, or light-duty work, your employer is required to make reasonable adjustments unless it causes undue hardship.
- Harassment: If you’re facing offensive jokes, comments, or behavior related to your pregnancy that create a hostile work environment, this could be harassment under the law.
- Forcing You on Leave: Employers cannot force you to take unpaid leave if you are still able to perform your job with or without reasonable accommodations.
Your Rights to Reasonable Accommodations
The IHRA requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions unless it causes significant difficulty or expense (known as an “undue hardship”).
Examples of reasonable accommodations include:
- More frequent bathroom breaks
- Modifying work schedules
- Light-duty assignments
- Providing a stool or chair
- Limits on heavy lifting
- Breaks for water intake
- Modified equipment or uniforms
Employers cannot retaliate against you for requesting these accommodations.
Pregnancy Leave in Illinois
While Illinois doesn’t have a specific pregnancy leave law, you may have rights under:
- Family and Medical Leave Act (FMLA): Provides up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and bonding with a new child (if your employer has 50+ employees).
- Illinois Human Rights Act: Employers must treat pregnancy-related conditions the same as other temporary disabilities, which could mean providing leave if it’s offered to others with similar conditions.
What to Do if You Face Pregnancy Discrimination at Work
- Document Everything: Write down dates, times, and details of discriminatory actions. Keep emails, memos, and any written communication.
- Report the Issue Internally: If possible, report discrimination to HR or a supervisor in writing.
- Consult an Attorney: An employment discrimination lawyer can help you understand your rights, gather evidence, and take legal action if necessary.
- File a Complaint: You can file a complaint with the Illinois Department of Human Rights (IDHR) within 300 days of the discrimination.
Pregnancy Discrimination in Housing
Pregnancy discrimination isn’t limited to the workplace. Under the IHRA and the Fair Housing Act (FHA), it’s illegal for landlords, property managers, real estate agents, or lenders to discriminate against you because you are pregnant.
What Counts as Pregnancy Discrimination in Housing?
Examples include:
- Refusing to Rent to You: A landlord denies your rental application because you’re pregnant, assuming you can’t afford the rent or will cause “too much trouble.”
- Eviction Threats: A landlord threatens to evict you because your family is growing.
- Different Terms or Conditions: Charging higher rent, increasing deposits, or adding restrictive rules because you’re pregnant.
- Harassment: Making inappropriate comments or creating a hostile living environment based on your pregnancy.
- Steering: A real estate agent tries to “steer” you toward or away from certain properties because you’re pregnant or have children.
How to Prove Housing Discrimination
- Keep Records: Save all emails, texts, or letters from the landlord or property manager. Write down details of conversations, including dates and names.
- Compare Treatment: If possible, compare your situation to others who applied or live in the same property to see if they were treated differently.
- Consult an Attorney: A lawyer can help you identify strong evidence and build your case.
- File a Complaint: You can file a complaint with the IDHR or the U.S. Department of Housing and Urban Development (HUD) within one year of the discrimination.
Pregnancy Discrimination in Public Accommodations
Illinois law also protects you from pregnancy discrimination when accessing public places and services. This includes businesses, schools, transportation, hotels, restaurants, medical offices, and more.
Examples of Pregnancy Discrimination in Public Accommodations
- Refusing Service: A restaurant refuses to serve you because you’re visibly pregnant.
- Unequal Treatment: A fitness center denies you access to classes or facilities because they assume pregnancy makes it unsafe.
- Harassment: Employees at a business make offensive remarks about your pregnancy.
- Denial of Healthcare: A medical provider refuses to treat you based on assumptions about your pregnancy.
- Restrictive Policies: A business has a policy that excludes pregnant people from participating in services without a medical basis.
What to Do if You Face Discrimination in Public Accommodations
- Document the Incident: Write down what happened, when, where, and who was involved.
- Gather Evidence: If possible, take photos, save receipts, and identify witnesses.
- Report the Discrimination: File a complaint with the business or organization.
- Seek Legal Help: Contact an attorney experienced in discrimination law to discuss your options.
- File a Complaint with the IDHR: You have 300 days from the incident to file a complaint.
How to Recognize Pregnancy Discrimination
Sometimes discrimination is obvious, but other times it can be subtle. Here are some signs to watch for:
- You’re treated differently after disclosing your pregnancy.
- You’re denied opportunities you were previously considered for.
- You receive negative comments about your pregnancy or future as a parent.
- Your employer refuses to accommodate basic pregnancy-related needs.
- A landlord or business makes assumptions about your abilities because of your pregnancy.
How a Pregnancy Discrimination Attorney Can Help You
Pregnancy discrimination cases can be complicated, and businesses, employers, or landlords often deny wrongdoing. An experienced attorney can:
- Evaluate Your Case: Determine if your situation meets the legal definition of discrimination.
- Gather Evidence: Help collect documentation, witness statements, and other evidence.
- Negotiate on Your Behalf: Work with the employer, landlord, or business to resolve the issue.
- File Legal Complaints: Help you file with the IDHR, EEOC, HUD, or in court if needed.
- Pursue Compensation: Seek damages for lost wages, emotional distress, and more.
Potential Remedies in Pregnancy Discrimination Cases
If your case is successful, you may be entitled to:
- Reinstatement: Getting your job back if you were wrongfully terminated.
- Back Pay: Recovering lost wages and benefits.
- Compensatory Damages: For emotional distress and inconvenience.
- Policy Changes: Forcing an employer or business to change discriminatory practices.
- Attorney’s Fees: In some cases, the other party may be required to pay your legal fees.
Contact Us for Help with Pregnancy Discrimination
If you’ve experienced pregnancy discrimination in your job, housing, or public life, you don’t have to face it alone. Illinois law protects you, and our firm is here to fight for your rights.
Contact us today for a free, confidential consultation. We’ll review your case, explain your options, and help you get the justice you deserve.