New Legislation Requires Illinois Employers To Post Pregnancy Rights Notice By January 1, 2015

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New Legislation Requires Illinois Employers To Post Pregnancy Rights Notice By January 1, 2015

December 23, 2014

Amendments to the Illinois Human Rights Act (“Act”) that were passed earlier this year will take effect on January 1, 2015. These new amendments to the Act provide that it is a civil rights violation for an employer to discriminate against an employee because of pregnancy or childbirth-related conditions or to refuse to provide “reasonable accommodations” to an employee for pregnancy or childbirth-related conditions. The amendments also require all employers in Illinois to post a notice prepared by the Illinois Department of Human Rights regarding pregnant employees’ rights by January 1, 2015. The notice must be posted in a conspicuous location where the employer customarily posts notices to employees. A link to the notice is available via the Illinois Department of Human Rights’ website. In addition to posting this notice, Illinois employers should ensure that their employee handbooks are updated to comply with these amendments to the Act.

ADDITIONAL INFORMATION EMPLOYERS NEED TO KNOW TO ENSURE COMPLIANCE AND AVOID VIOLATIONS
The amendments to the Act apply to any person “employing one or more employees.” The amendments prohibit unlawful discrimination against women because of pregnancy, which is defined as “pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.”

Enumerated Civil Rights Violations

Under the amendments, it is a civil rights violation for an employer to engage in any of the following actions towards an applicant or employee because of pregnancy or childbirth-related conditions:
  • deny employment opportunities or take adverse action against the employee;
  • require the employee to accept an accommodation when an accommodation was not requested or the proposed accommodation was not accepted;
  • require the employee to take leave under any leave law or policy of the employer if another reasonable accommodation can be provided; or
  • retaliate against the employee because she has requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by the Act.
Notably, the amendments specifically provide that women affected by pregnancy or childbirth must be treated the same as other employees with a similar inability to work or need for an accommodation – regardless of the source of the other employees’ inability to work or employment classification or status. In other words, Illinois employers must treat female employees requesting an accommodation for pregnancy or childbirth the same way they would treat other employees requesting a similar accommodation because of a disability or work-related injury.

Upon Request, an Employer Must Engage in a Timely, Good Faith, and Meaningful Exchange With an Employee to Determine Effective Reasonable Accommodations

Significantly, the amendments to the Act also require Illinois employers to provide “reasonable accommodations” for job applicants or employees (including part-time, full-time, or probationary employees) who request a reasonable accommodation(s) due to conditions related to pregnancy or childbirth. “Reasonable accommodations” is defined in the amendments as “reasonable modifications or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an applicant or employee affected by pregnancy or childbirth to be considered for the position the applicant desires or to perform essential functions of that position.” The amendments specifically identify the following as accommodations that may be reasonable:
  • more frequent or longer bathroom breaks,
  • breaks for increased water intake,
  • breaks for periodic rest,
  • private non-bathroom space for breastfeeding and expressing breast milk,
  • 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,
  • appropriate adjustment or modification of examinations, training materials, or policies,
  • reassignment to a vacant position,
  • time off to recover from conditions related to childbirth, and
  • leave of absence.
The amendments to the Act do not require an employer to provide accommodations that would pose an “undue hardship,” which is defined as an action that is “prohibitively expensive or disruptive” when considered in light of factors such as the nature and cost of the accommodation needed, the overall financial resources of the employer, and the type of workforce. In particular, the amendments provide that employers are not required to:
  • create new jobs for employees affected by pregnancy or childbirth,
  • promote any employee who is not qualified to perform the job, or
  • discharge another employee or transfer another employee with more seniority.
The amendments impose a duty on the employee seeking accommodation for pregnancy or childbirth to submit to the employer any documentation that is requested in compliance with the Act’s amendments. Ultimately, the amendments envision the employee and employer engaging “in a timely, good faith, and meaningful exchange to determine effective reasonable accommodations.”

If you have any questions related to this issue or would like additional information, please contact any attorney at Clark Baird Smith LLP.
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