At 1818 we help employees navigate workplace disputes involving discrimination, retaliation, and wrongful termination. Being fired while pregnant raises serious questions—especially when the timing feels suspicious or unfair. Illinois and federal laws protect pregnant workers, but not every firing during pregnancy is illegal. Understanding your rights is the first step toward protecting them.
Laws That Protect Pregnant Workers in Illinois
Illinois is an at-will employment state, but even in an at-will system, employers cannot fire someone because of pregnancy. Several state and federal laws provide protection:
- Illinois Human Rights Act — Applies to most Illinois employers and prohibits discrimination based on pregnancy or related conditions. It also grants employees the right to request accommodations for pregnancy and childbirth recovery.
- Pregnancy Discrimination Act of 1978 — Amends Title VII of the Civil Rights Act to prohibit discrimination due to pregnancy.
- Pregnant Workers Fairness Act — A new federal law requiring covered employers to provide reasonable accommodations for pregnancy-related conditions.
Together, these laws protect pregnant employees from dismissal, retaliation, and other forms of discrimination related to pregnancy or childbirth.
What Counts as Pregnancy Discrimination
Pregnancy discrimination occurs when an employer makes job decisions based on pregnancy or related medical conditions. It can take many forms:
- Terminating a pregnant worker after disclosure of pregnancy.
- Refusing to allow maternity leave or time off related to childbirth.
- Denying accommodations for pregnancy or related medical conditions.
- Retaliating against a pregnant worker who files a complaint or requests accommodation.
- Allowing harassment or discrimination tied to pregnancy.
Sometimes discrimination is obvious; other times, it is disguised as performance or business decisions. The law examines whether the true reason was pregnancy.
Wrongful Termination for Pregnancy
Being fired while pregnant can constitute wrongful termination when the reason is related to pregnancy. Courts review whether the termination was based on pregnancy or legitimate business reasons.
- An employee is dismissed soon after requesting pregnancy accommodations. Call us.
- A worker is terminated while on maternity leave protected by law. Call us.
- An employer removes a pregnant employee from her role due to assumptions about ability to perform duties. Call us.
- Termination follows immediately after pregnancy disclosure, without prior performance concerns. Call us.
These examples often indicate discrimination based on pregnancy, which violates Illinois and federal law.
Reasonable Accommodations for Pregnancy
Employers in Illinois must provide reasonable accommodations that allow pregnant workers to continue working safely. Common accommodations include:
- More frequent bathroom or water breaks.
- Temporary job modifications, such as lifting restrictions.
- Schedule adjustments to attend prenatal appointments.
- Light duty or temporary reassignment to a safer position.
- Unpaid leave or time off for pregnancy-related medical needs.
When an employer refuses accommodations or punishes an employee for requesting them, that can form the basis for a pregnancy discrimination claim.
Filing a Pregnancy Discrimination Claim
Pregnant workers who are fired may pursue a discrimination claim by following these steps:
- File a charge of discrimination with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC).
- Submit supporting evidence, such as termination letters, emails, or medical documentation.
- Cooperate with the agency’s investigation to determine whether discrimination occurred.
- If unresolved, use the right-to-sue letter to proceed in state or federal court.
Employers cannot retaliate against employees for filing a discrimination complaint or requesting an accommodation.
Proving Termination Due to Pregnancy
To succeed, employees must show that termination was due to pregnancy, not a legitimate reason. Courts and agencies typically examine:
- Timing of the termination compared with when the pregnancy was disclosed.
- The employer’s stated reason versus the employee’s actual performance history.
- Whether similar employees were treated differently.
- Evidence of denied accommodations or discriminatory comments by supervisors.
This evidence helps establish whether the termination was discriminatory.
Rights Under the Illinois Human Rights Act
The Illinois Human Rights Act provides additional protections for pregnant employees. Employers must:
- Reinstate employees returning from pregnancy-related leave to the same or equivalent position.
- Provide reasonable accommodations for pregnancy or childbirth recovery.
- Avoid policies that disproportionately affect pregnant workers.
- Ensure that employment decisions are not based on pregnancy or related conditions.
The Illinois Department of Human Rights investigates complaints under the Act and may authorize further legal action.
Federal Laws That Protect Pregnant Employees
- Pregnancy Discrimination Act — Prohibits sex discrimination tied to pregnancy, childbirth, or related medical conditions.
- Family and Medical Leave Act (FMLA) — Provides eligible employees with job-protected leave for pregnancy, childbirth, or recovery.
- Title VII of the Civil Rights Act — Prohibits employment discrimination, including discrimination based on pregnancy.
- Americans with Disabilities Act (ADA) — May apply when pregnancy-related complications qualify as a disability.
These laws work alongside Illinois protections to ensure pregnant employees are treated fairly.
Remedies Available to Pregnant Employees
Employees who prove they were fired due to pregnancy discrimination may be entitled to remedies such as:
- Reinstatement to their former position.
- Back pay for lost wages and benefits.
- Front pay if reinstatement is not feasible.
- Compensatory damages for emotional distress and reputational harm.
- Attorneys’ fees and litigation costs.
- Punitive damages in limited federal cases, subject to statutory caps.
Remedies aim to restore employees to the position they would have been in had discrimination not occurred.
Fired While Pregnant? Know Your Rights
Pregnancy is never a valid reason to lose your job. When Illinois employers fire workers due to pregnancy, they violate state and federal law. At 1818, we represent employees who have faced termination or retaliation related to pregnancy. Contact us today for a confidential consultation. We work to pursue remedies under the Illinois Human Rights Act and federal statutes to protect your rights.
