Pregnancy discrimination occurs when an employer treats you unfavorably because you are pregnant, were pregnant, or may become pregnant in the future. Although federal and Illinois laws prohibit this conduct, thousands of employees still face discrimination each year simply for starting or growing their families.
At 1818, we represent employees across Chicago and throughout Illinois who have experienced pregnancy discrimination. If your employer fired you, demoted you, denied accommodations, or treated you unfairly because of pregnancy, you have legal rights and options to hold them accountable.
What the Law Says
Federal and Illinois law protect pregnant employees from discrimination.
Federal Protections
- Pregnancy Discrimination Act (PDA): Part of Title VII of the Civil Rights Act, the PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
- Pregnant Workers Fairness Act (PWFA): This law requires employers to provide reasonable accommodations for pregnancy-related limitations (effective June 27, 2023).
- Americans with Disabilities Act (ADA): The ADA protects employees with pregnancy-related disabilities.
Illinois Protections
The Illinois Human Rights Act provides even broader protections than federal law. Illinois law applies to employers with one or more employees (compared to 15 under federal law) and covers pregnancy, childbirth, and all related medical or common conditions.
Common Examples of Pregnancy Discrimination
Pregnancy discrimination takes many forms. Below are real-world examples of unlawful conduct.
1. Refusing to Hire Because of Pregnancy
An employer cannot refuse to hire you because you are pregnant or might become pregnant.
Example: You interview for a job while visibly pregnant. The interviewer asks when you are due and whether you will be available during the company’s busy season. After you explain that you plan to work until your due date, the employer says they “can’t risk” hiring someone who might leave early and rejects your application.
This conduct is illegal. Employers may not base hiring decisions on assumptions about your commitment or availability due to pregnancy.
2. Firing You or Forcing You to Leave
Employers cannot fire you or force you to leave simply because you are pregnant, especially when you can still perform your job.
Example: You tell your supervisor you are pregnant. Shortly afterward, the company claims it is “concerned for your health” and orders you to take unpaid leave immediately, even though your doctor has cleared you to work and you did not request time off.
This conduct qualifies as pregnancy discrimination. Your employer cannot force you to stop working when you remain capable of performing your duties.
3. Demoting You or Reducing Your Pay
Pregnancy cannot justify a demotion, reduced hours, or lower pay.
Example: You tell your manager that you are trying to become pregnant. Two weeks later, the company demotes you from an executive role to a lower-paying position with no management responsibilities. The employer claims “performance issues,” even though your evaluations have consistently been excellent.
This conduct constitutes unlawful discrimination. Courts closely scrutinize adverse employment actions that follow shortly after pregnancy disclosure.
4. Denying Reasonable Accommodations
Illinois law requires employers to provide reasonable accommodations for pregnancy-related conditions unless doing so would create an undue hardship.
Example: During your first trimester, you experience morning sickness and frequent urination. You ask for slightly longer bathroom breaks and permission to keep a water bottle at your desk. Your employer denies both requests and tells you to “deal with it” or take unpaid leave.
This conduct violates both federal and Illinois law. Common pregnancy-related accommodations include:
- More frequent bathroom breaks
- A stool or chair to sit on
- Modified work schedules
- Temporary transfer to less physically demanding work
- Light-duty assignments
- Time off for prenatal appointments
- Permission to keep water or snacks nearby
- Lifting restrictions or assistance with heavy tasks
5. Harassing You Because of Pregnancy
Unwelcome comments, jokes, or conduct about your pregnancy that create a hostile work environment constitute illegal harassment.
Example: Coworkers repeatedly joke about your pregnant body, ask intrusive personal questions, or suggest you are now “less committed” to your job. Your supervisor ignores the behavior even after you complain.
This conduct creates a hostile work environment. Employers must take action to stop pregnancy-based harassment.
6. Retaliating Against You for Requesting Accommodations
The law prohibits employers from punishing employees who request pregnancy-related accommodations or oppose discriminatory treatment.
Example: You request light-duty work after your doctor imposes lifting restrictions during pregnancy. Your manager responds by cutting your hours, issuing poor performance reviews, or ultimately firing you.
This conduct amounts to illegal retaliation. The law protects your right to request accommodations without fear of punishment.
7. Treating Pregnancy Differently from Other Temporary Conditions
Employers must treat pregnant employees the same way they treat other employees with similar limitations.
Example: Your employer offers light-duty assignments to workers with temporary injuries such as broken bones or back strains. When you request similar accommodations for pregnancy-related lifting restrictions, the employer says pregnancy “doesn’t count” and forces you onto unpaid leave.
This conduct violates the Pregnancy Discrimination Act. If an employer accommodates other temporary conditions, they must also accommodate pregnancy-related conditions.
8. Assuming You Are Less Capable or Less Committed
Employers may not base decisions on stereotypes about pregnant workers.
Example: Your employer passes you over for a promotion you qualify for. Your manager explains that they selected someone else because “you’ll probably want to focus on your family now” or “we need someone who can travel, and you can’t with a baby.”
These assumptions violate the law. Employers must base employment decisions on actual performance and ability—not stereotypes.
9. Denying Equal Benefits or Leave
Pregnant employees must receive the same benefits and leave policies as other employees.
Example: Your employer allows employees with temporary disabilities to accrue vacation time and seniority during medical leave but tells you pregnancy-related leave does not count.
This conduct is illegal. Employers must treat pregnancy-related leave the same as other medical leave for benefits purposes.
10. Refusing Accommodations for Breastfeeding
Federal and Illinois law require employers to provide reasonable break time and a private space—not a bathroom—for nursing employees to express breast milk.
Example: After returning from maternity leave, you request breaks and a private space to pump. Your employer refuses, directs you to use the bathroom, or limits you to five-minute breaks.
This conduct violates the PUMP Act and Illinois law unless the employer can show undue hardship.
What to Do If You Experience Pregnancy Discrimination
If you experience pregnancy discrimination, take action immediately.
1. Document Everything
- Keep records of all accommodation requests and employer responses
- Save emails, text messages, and written communications
- Write down dates, times, and details of discriminatory incidents
- Identify witnesses who saw or heard what happened
2. Report the Discrimination Internally
Follow your employer’s complaint procedures and report the discrimination to HR or a supervisor in writing. Keep copies of all complaints and responses.
3. File a Complaint with the Appropriate Agency
You may file with:
- Illinois Department of Human Rights (IDHR): You have two years to file a charge (as of January 1, 2025). IDHR covers employers with one or more employees.
- Equal Employment Opportunity Commission (EEOC): You have 300 days to file. The EEOC covers employers with 15 or more employees.
You may file with both agencies, which coordinate cross-filed charges.
4. Contact an Employment Lawyer
An experienced employment lawyer can explain your rights, gather evidence, negotiate with your employer, and pursue all available remedies.
What Damages Can You Recover?
If your employer violated your rights, you may recover:
- Back pay for lost wages and benefits
- Front pay if you cannot return to your job
- Reinstatement
- Compensatory damages for emotional distress
- Punitive damages for egregious conduct
- Attorney’s fees and costs
Why Choose 1818?
At 1818, we bring unique experience to employment discrimination cases. Founder Jordan Matyas has spent decades working with government agencies, including the Illinois Legislature and Chicago’s Law Department. That background gives us insight into how employment law operates in Illinois.
When you work with us, you receive:
- A thorough investigation documenting every instance of discrimination
- Aggressive advocacy against employers and their legal teams
- Clear communication throughout your case
- A strategy tailored to your goals and circumstances
We have helped employees across Illinois fight pregnancy discrimination—and win. We can help you too.
Your Pregnancy Should Not Cost You Your Job
You have the right to work while pregnant. You have the right to reasonable accommodations. You have the right to fair treatment without punishment for starting or growing your family.
If your employer violated these rights, act quickly. Illinois law imposes strict filing deadlines, and early action strengthens your case.
Call or schedule a confidential consultation online today.
Let us fight for your rights and hold your employer accountable.
