['Discrimination']
['Pregnancy Discrimination']
04/26/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” includes:
- Any person employing 15 or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
- Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental handicap unrelated to ability, sexual harassment, or pregnancy;
- The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
- Any party to a public contract without regard to the number of employees;
- A joint apprenticeship or training committee without regard to the number of employees.
“Employer” does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Pregnancy Discrimination Act. For example, the state law requires that employers treat pregnancy-related disabilities the same as any other temporary disability.
A written or unwritten policy or practice which excludes from employment applicants or employees because of pregnancy is a violation, unless the employee’s pregnancy renders her physically unable to be trained for or to perform the duties of the position in question. It is also a violation for an employer to discharge an employee because she becomes pregnant.
Recordkeeping
Covered employers must maintain the following records, to the extent that they may exist, for the periods indicated:
- Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for one year from the date of application;
- Each employee’s personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for one year from the date of such employee’s termination or separation from employment;
- Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for one year following the date the same cease to be effective.
Covered labor organizations must maintain the following membership and business records, to the extent that they may exist, for the periods indicated:
- Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for one year from the date of application;
- All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program;
- All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for one year from the date of such request or from the date of final resolution of the grievance.
Employment agencies must preserve the following documents for one year from the time these documents are created:
- all applications for assignment to an employer, and documents in support thereof;
- any documents bearing on the disposition thereof;
- documents relating to the terms and conditions of an assignment.
Once a charge has been served, the respondent must preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated.
Pregnancy accommodations
Effective January 1, 2015, in addition to the general disability discrimination provisions, the Illinois Human Rights Act provides job protections for pregnant women and requires that reasonable accommodations be made in the workplace for expectant mothers. It applies to all employers.
“Pregnancy” means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.”
When an employee requests an accommodation, you may request documentation from the employee’s health care provider concerning the need for the accommodation. This request should be to the same extent documentation is requested for conditions related to disability. It must also be job related and consistent with business necessity. It could include only medical justification for the accommodation, a description of the accommodation, the date the accommodation became advisable, and the probably duration of the accommodation.
In response to an accommodation request, you and the employee are to engage in a timely, good faith, and meaningful exchange to determine an effective accommodation.
Accommodation examples include the following:
- More frequent or longer bathroom breaks,
- Breaks for increased water intake,
- Breaks for periodic rest,
- Private non-bathroom space for expressing breast milk and breastfeeding,
- Seating,
- Assistance with manual labor,
- Light duty,
- Temporary transfer to a less strenuous or hazardous position,
- The provision of an accessible worksite,
- Acquisition or modification of equipment,
- Job restructuring,
- A part-time or modified work schedule,
- Policy adjustments,
- Reassignment to a vacant position,
- Time off to recover from conditions related to childbirth, and
- Leave necessitated by pregnancy.
You are not required to provide an accommodation that would pose an undue hardship. An undue hardship is an action that is prohibitively expensive or disruptive when considered in light of a number of factors, including, for example, the nature and cost of the accommodation and the overall financial resources of the facility or facilities involved. You are also not required to create a job as an accommodation.
Employees cannot be forced to accept an accommodation or to take leave because of the pregnancy.
Employees are entitled to be reinstated to their position or an equivalent one after taking leave.
You are to post a notice regarding these rights, and to include it in any employee handbook.
State
Contact
Illinois Department of Human Rights
Regulations
Chapter 775 Illinois Compiled Statutes (ILCS) 5, Illinois Human Rights Act
Illinois Administrative Code Title 56, Chapter XI, Part 5210, Joint Rules of the Human Rights Commission and Department of Human Rights: Rules on Sex Discrimination in Employment
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.