As plaintiff’s retaliatory discharge attorneys in Chicago, we have represented countless women who faced unfair treatment after announcing a pregnancy or requesting maternity leave. Despite progress in workplace equality, pregnancy discrimination continues to occur across Illinois in both large corporations and small businesses. Employers sometimes reduce hours, reassign duties, deny promotions, or terminate the employment of pregnant employees under the guise of “performance issues” or “restructuring.” However, federal and Illinois laws provide strong protections that make these actions unlawful.
In Illinois, both federal and state statutes safeguard pregnant employees against discrimination, retaliation, and wrongful termination. Understanding these protections is crucial for any worker who is pregnant, has recently given birth, or needs reasonable accommodations. Our firm aggressively defends workers’ rights under these laws and holds employers accountable when they cross the line.
At the federal level, the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e(k)), prohibits employers from treating pregnancy, childbirth, or related medical conditions less favorably than other temporary disabilities. This means a pregnant employee must be allowed to work as long as she can perform her job and must receive the same accommodations as other employees with similar work restrictions.
Additionally, under the Family and Medical Leave Act (FMLA) (29 U.S.C. §2601), eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for the birth of a child, prenatal care, or serious health conditions. Employers covered by the FMLA must restore employees to the same or an equivalent position upon their return from leave. Firing or disciplining an employee for exercising FMLA rights constitutes retaliation under 29 C.F.R. §825.220(c).
Federal law also provides broader protection through the Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023. The PWFA requires covered employers to provide “reasonable accommodations” to workers affected by pregnancy or childbirth, such as modified duties or flexible schedules, unless doing so causes undue hardship.
Illinois provides additional safeguards through the Illinois Human Rights Act (775 ILCS 5/2-102(I)), which specifically prohibits employment discrimination based on pregnancy. This law applies to all employers with one or more employees and mandates reasonable accommodations for pregnancy-related conditions. Examples of accommodations include more frequent bathroom breaks, assistance with manual labor, or temporary job restructuring.
The Illinois Employee Sick Leave Act (820 ILCS 191/1 et seq.) also permits employees to use their accrued sick time to care for themselves or a child following childbirth or complications related to pregnancy.
When an employer terminates, demotes, or otherwise retaliates against an employee for requesting leave or accommodations, such action may constitute retaliatory discharge, which violates Illinois public policy. Courts in Illinois have consistently held that retaliating against an employee for exercising legally protected rights, such as requesting pregnancy accommodations or filing a discrimination complaint, can give rise to a valid wrongful termination claim.
Pregnancy discrimination is not always blatant. Employers often disguise unlawful actions behind pretextual reasons. Some of the most common forms of discrimination include:
These actions violate both state and federal law when motivated by pregnancy or childbirth. Employers cannot legally penalize an employee for asserting her rights or filing a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC).
To establish a retaliatory discharge claim, an employee must show that:
Evidence may include timing of termination, inconsistent explanations from management, or documentation showing hostility toward the employee’s pregnancy or leave request. Under 775 ILCS 5/8A-104, victims of discrimination may recover damages, including reinstatement, back pay, compensatory damages for emotional distress, and attorney’s fees.
Employees who believe they were fired or discriminated against due to pregnancy have several legal avenues. Claims can be filed with the IDHR within 300 days of the incident or with the EEOC within 180 days (extended to 300 if also covered by state law). After an investigation, the agency may issue a right-to-sue letter, allowing the employee to file a lawsuit in state or federal court.
As plaintiff’s attorneys, we often represent clients at every stage—from filing agency complaints to litigating cases before judges and juries. Our mission is to ensure that no pregnant employee loses their job or career opportunity due to discrimination or retaliation.
Federal law under the Pregnancy Discrimination Act (42 U.S.C. §2000e(k)) and state law under the Illinois Human Rights Act (775 ILCS 5/2-102(I)) protect employees from termination, demotion, or unequal treatment due to pregnancy or childbirth.
No. Both the PWFA and Illinois law require employers to provide reasonable accommodations, unless doing so would create an undue hardship. If an employer refuses, the employee may have a valid discrimination claim.
No. Under 29 U.S.C. §2615(a)(2) of the FMLA, it is illegal for employers to fire or retaliate against workers for taking protected maternity leave. The employee must be reinstated to the same or an equivalent position upon return.
Strong evidence includes emails, text messages, or verbal statements showing bias against pregnancy, inconsistent reasons for termination, or a pattern of treating pregnant employees unfairly compared to others.
In Illinois, a discrimination charge must be filed with the IDHR within 300 days of the discriminatory act. Federal complaints with the EEOC must typically be filed within 180 days but may be extended to 300 if overlapping with state law.
Victims may recover lost wages, reinstatement, emotional distress damages, and attorney’s fees under 775 ILCS 5/8A-104(A). Punitive damages may also be available under federal law for willful violations.
Yes. The Illinois Human Rights Act applies to employers with one or more employees, ensuring that even small companies are held accountable for discriminatory conduct.
No. Retaliation is illegal under both 42 U.S.C. §2000e-3(a) and 775 ILCS 5/6-101. Employers cannot punish an employee for filing a complaint, requesting accommodations, or cooperating with an investigation.
At North Suburban Legal Services, we are committed to protecting pregnant workers from wrongful termination and workplace retaliation. Our team advocates for fair treatment and ensures that employers are held accountable for violating state and federal laws.
Anyone who believes that a job was lost or a position compromised due to pregnancy or maternity leave should contact us immediately. Contact our Chicago employment law attorneys at North Suburban Legal by calling 312-909-6089 to receive your free consultation. North Suburban Legal Services proudly represents employees in Chicago and throughout Illinois, ensuring every worker’s right to fairness and equality in the workplace is protected.