Pregnancy Discrimination is Illegal Under Federal Law

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions. The PDA applies to employers with 15 or more employees and provides important protections for pregnant workers.

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee unfavorably because of pregnancy, childbirth, or related medical conditions. This can include actions such as:

1. Refusing to hire a pregnant woman
2. Firing or demoting a pregnant employee
3. Denying a pregnant employee a promotion or other job opportunities
4. Refusing to provide reasonable accommodations for pregnancy-related conditions
5. Forcing a pregnant employee to take leave when she is still able to work
6. Harassing a pregnant employee, such as making offensive comments about her pregnancy

How Does Title VII Protect Pregnant Workers?

Title VII prohibits employment discrimination on the basis of sex, and the PDA amended Title VII to make it clear that discrimination on the basis of pregnancy, childbirth, or related medical conditions is also illegal sex discrimination. This means that employers cannot treat pregnant employees differently than other employees on the basis of their pregnancy, and must provide the same opportunities and accommodations to pregnant employees as they would to other employees.

Reasonable Accommodations

Under the PDA, employers must provide reasonable accommodations to pregnant employees who need them due to pregnancy-related conditions. Reasonable accommodations can include things like:

1. More frequent or longer breaks
2. Modification of work schedule or shift
3. Temporary transfer to a less physically demanding job
4. Permission to sit or stand, as needed
5. Permission to work from home

Employers are not required to provide accommodations that would impose an undue hardship on the business, but this is a high standard and employers must demonstrate significant difficulty or expense in providing the requested accommodation.

Retaliation

Title VII also prohibits employers from retaliating against employees who assert their rights under the PDA. This means that if a pregnant employee files a complaint or takes other action to assert her rights, the employer cannot take adverse action against her in response. Adverse actions can include things like firing, demotion, or harassment.

Remedies

If you have experienced pregnancy discrimination in the workplace, you may be entitled to remedies under Title VII. These remedies can include:

1. 1. Reinstatement or promotion to the position you would have held if not for the discrimination
   2. Back pay for the wages you would have earned if not for the discrimination
   3. Front pay to compensate for lost wages you would have earned in the future
   4. Compensatory damages to cover emotional distress, mental anguish, and other non-economic harm caused by the discrimination
   5. Punitive damages, in some cases, to punish the employer and deter similar conduct in the future

1. Attorney’s fees and costs

Pregnancy Discrimination is Illegal under the Illinois Human Rights Act

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. The Illinois Human Rights Act (IHRA) prohibits discrimination based on pregnancy, childbirth, and related conditions. In this article, we will discuss how pregnancy discrimination is illegal under the IHRA and what remedies are available for victims of pregnancy discrimination.

Pregnancy Discrimination under the IHRA

Under the IHRA, employers are prohibited from discriminating against an employee or job applicant based on pregnancy, childbirth, or a related medical condition. This means that employers cannot take adverse employment actions, such as firing, demoting, or refusing to hire, an employee or job applicant because of pregnancy, childbirth, or related medical conditions. Employers also cannot treat pregnant employees or job applicants differently in terms of pay, job assignments, promotions, or other employment opportunities.

In addition to prohibiting discrimination, the IHRA also requires employers to provide reasonable accommodations to pregnant employees and job applicants. Reasonable accommodations may include modifying work schedules, providing light-duty work, or making other changes to the job duties or environment that enable pregnant employees to perform their job duties safely and effectively.

Remedies for Pregnancy Discrimination under the IHRA

If you have experienced pregnancy discrimination, there are several remedies available to you under the IHRA. Here are some of the remedies that may be available:

1. Back pay: If you were fired or demoted because of pregnancy discrimination, you may be entitled to back pay for the wages you would have earned if not for the discrimination.
2. Reinstatement: If you were wrongfully terminated or demoted because of pregnancy discrimination, you may be entitled to reinstatement to your former position or promotion to the position you would have held if not for the discrimination.
3. Front pay: If reinstatement is not feasible, front pay may be awarded to compensate victims for lost wages they would have earned in the future if they had not been discriminated against.
4. Compensatory damages: Victims of pregnancy discrimination may be entitled to compensatory damages to cover the emotional distress, mental anguish, and other non-economic harm caused by the discrimination.
5. Punitive damages: In some cases, victims of pregnancy discrimination may be entitled to punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
6. Attorney’s fees and costs: If you prevail in a pregnancy discrimination case, you may be entitled to recover your attorney’s fees and costs.

It is important to note that in order to pursue these remedies, you must file a complaint with the Illinois Department of Human Rights (IDHR) within 300 days of the discriminatory act. The IDHR will investigate the complaint and determine whether there is evidence of discrimination. If the IDHR finds evidence of discrimination, it may pursue a formal charge against the responsible party. If the IDHR finds no evidence of discrimination, the complainant may still pursue a private lawsuit against the responsible party.