Pregnancy Discrimination Laws in Illinois: Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), prohibits pregnancy discrimination by employers with 15 or more employees. The PDA explicitly states that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination under Title VII. Covered employers cannot make employment decisions—hiring, firing, promotion, compensation, job assignment, or benefits—based on an employee's pregnancy status or pregnancy-related conditions.

Federal law requires employers to treat pregnant employees the same as other employees with similar ability to work. If an employer provides leave, accommodations, or light duty to employees with non-pregnancy-related disabilities or temporary conditions, pregnant employees must receive equal treatment. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates pregnancy discrimination charges.

Federal remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress and lost benefits, and attorney's fees and court costs. Punitive damages are not available under Title VII for private employers. The federal statute of limitations is generally 180 days from the discriminatory act in non-deferral states, or up to 300 days in deferral states like Illinois when a state fair employment law is in effect.

The Illinois Human Rights Act (IHRA), 775 ILCS 5/1-101 et seq., provides broader pregnancy discrimination protection than federal law. Section 775 ILCS 5/2-102(A) specifically prohibits discrimination based on pregnancy, childbirth, or related conditions. Critically, the IHRA covers all employers with one or more employees, eliminating the 15-employee threshold imposed by Title VII. This means a pregnant employee at a small business with fewer than 15 employees has legal recourse under Illinois law even if federal Title VII does not apply.

Under Illinois law, pregnancy discrimination includes adverse treatment in hiring, firing, promotion, compensation, job assignment, training, or any other term or condition of employment. The IHRA also protects employees from harassment based on pregnancy status and from retaliation for opposing pregnancy discrimination or participating in an IHRA investigation. Illinois law does not require the employer to be aware of the pregnancy to find liability; intentional discrimination is established by showing the employee was treated less favorably because of pregnancy.

Illinois goes further than federal law by explicitly covering related medical conditions and not limiting protection to the period of actual pregnancy. An employee cannot be fired or demised for pregnancy-related medical appointments, complications during pregnancy, postpartum recovery, or conditions like gestational diabetes. Additionally, Illinois law protects employees from being forced to take leave, from having their health insurance cancelled during leave, and from losing seniority or benefits due to pregnancy-related absence.

Remedies under the IHRA include reinstatement, back pay with interest, front pay, compensatory damages for emotional distress and injury to reputation, and punitive damages up to $5,000 per violation if the employer acted with malice or reckless indifference. The Illinois Department of Human Rights (IDHR) administers and enforces the IHRA. The statute of limitations for filing a charge with IDHR is three years, significantly longer than the federal 180/300-day deadline, giving Illinois employees substantially more time to pursue claims.

You have 180 days to file a charge with the EEOC in Illinois (or up to 300 days if you file first with the Illinois Department of Human Rights under deferral procedures).

You have three years to file a charge with the Illinois Department of Human Rights (IDHR) for pregnancy discrimination under the Illinois Human Rights Act (IHRA).

The IHRA covers employers with one or more employees; federal Title VII covers only employers with 15 or more employees.

Illinois defines "pregnancy" to include not just the state of being pregnant, but also childbirth and related medical conditions, with no time limit specified for how long after childbirth protection extends.

Illinois law contains few formal exceptions to pregnancy discrimination protections, but several important limitations and defenses exist. First, bona fide occupational qualifications (BFOQs) are rarely recognized in pregnancy cases. An employer cannot claim that a job requires a non-pregnant person if the pregnant employee can perform the essential functions with or without reasonable accommodation. Second, if an employer has a legitimate, non-discriminatory reason for an adverse employment action—such as poor performance, attendance issues unrelated to pregnancy, or business restructuring—and can prove the pregnancy was not a factor, the employer may avoid liability. However, courts apply strict scrutiny to such defenses in pregnancy cases.

Third, the "honest belief" defense has limited application in Illinois. Even if an employer genuinely but incorrectly believed the pregnant employee could not perform her job, this does not shield the employer if the belief was based on pregnancy status rather than documented inability. Fourth, at-will employment does not override pregnancy protections. An employee can be terminated at-will, but the termination cannot be motivated by pregnancy status.

Fifth, temporary or short-term positions may receive slightly different analysis, but pregnancy discrimination law still applies fully. If the employer hired a temporary replacement and then failed to rehire the pregnant employee after maternity leave, this constitutes discrimination unless the job was genuinely no longer available for non-discriminatory reasons. Sixth, union-represented employees have additional protections under their collective bargaining agreement, but the IHRA and Title VII operate concurrently with union contracts.

Seventh, the employer is not required to provide pregnancy-specific accommodations beyond what is required under the Americans with Disabilities Act (ADA) or state disability laws, unless pregnancy or a related condition creates a disability. However, if the employer provides accommodations to other employees with temporary conditions or disabilities, equal treatment is mandated. Finally, the employer can enforce attendance policies and performance standards uniformly, but cannot apply them more strictly to pregnant employees or assume pregnancy will impair performance.

Step 1: Document Everything. Keep detailed records of all communications regarding your pregnancy and employment. Save emails, text messages, and written performance reviews. Document dates, times, and the names of individuals who made discriminatory comments or decisions. Record any changes in job duties, pay, schedule, or benefits following your pregnancy announcement. Photograph or photocopy written warnings, performance improvement plans, or other employment documents. Save your job description and proof of your actual responsibilities. Note any accommodations provided to non-pregnant employees with temporary conditions. Create a timeline showing when you disclosed your pregnancy and what adverse actions followed. These records form the foundation of your claim.

Step 2: Pursue Internal Complaint Process. Before filing with an external agency, provide written notice to your employer's human resources department or management. Send a formal letter describing the discriminatory action(s), the date(s) they occurred, and who was responsible. Keep a copy for your records. Request a prompt investigation and remedial action. Follow any internal complaint procedures outlined in the employee handbook. Document the employer's response, including whether an investigation occurred and what findings were made. This step shows you attempted to resolve the issue internally and preserves your credibility. However, do not delay external filing while waiting for internal resolution—timelines run concurrently.

Step 3: File an EEOC Charge or IDHR Charge. You have two options with different deadlines. Option A: File with the Illinois Department of Human Rights (IDHR), 100 W. Randolph Street, Suite 10-100, Chicago, IL 60601. Phone: (217) 557-1500. Website: cyberdriveillinois.com/departments/human_rights. You have three years from the discriminatory act to file. IDHR charges are "dual filed" with the EEOC, meaning your charge counts toward the federal 180/300-day deadline. Option B: File directly with the EEOC Chicago District Office, 230 S. Dearborn Street, Suite 1700, Chicago, IL 60604. Phone: (312) 353-2713. Website: eeoc.gov. You have 180 days to file (or 300 days because Illinois is a deferral state). When filing, provide your name, employer name and address, description of what happened, when it happened, the individuals involved, and witnesses. Include your employment start date, title, and current status. State explicitly that discrimination occurred "because of pregnancy, childbirth, or related medical conditions." Attach copies of supporting documents (emails, performance reviews, medical records, witness names). Retain a copy of your charge and receipt.

Step 4: Understand the Investigation Process. The IDHR or EEOC investigator will contact your employer and request a written response. The employer will provide documents and may argue the decision was based on legitimate reasons. The investigator will interview you and may interview witnesses and supervisors. This process typically takes 60 to 120 days. During investigation, remain cooperative but consult with an attorney before providing additional statements beyond your charge. The investigator may conduct a workplace inspection. You have the right to provide additional evidence and written statements. Upon completion, IDHR issues a "Determination" finding either probable cause (investigator believes discrimination occurred) or no probable cause. A probable cause finding is not binding but strengthens your position. If IDHR finds probable cause and cannot mediate a settlement, your case may proceed to an administrative hearing before an Illinois Human Rights Commission Administrative Law Judge.

Step 5: Consult an Attorney. Consider consulting an employment discrimination attorney after filing your charge, not before, if costs are a concern—many work on contingency (no upfront cost, attorney takes a percentage of the award or settlement). However, do not delay filing your charge while seeking representation. An attorney can help you understand your options, negotiate settlements, prepare for depositions and hearings, and ensure you meet all deadlines. In Illinois, if you prevail, the employer typically pays your reasonable attorney's fees under the IHRA. An attorney specializing in employment law and discrimination, particularly pregnancy discrimination, is essential if your case proceeds to an administrative hearing or civil lawsuit. Many will provide a free initial consultation.