The groundbreaking new Illinois Pregnancy Accommodation Act
On January 1, the Illinois Pregnancy Accommodation Act became law and significantly expanded Illinois employers' duty to accommodate.
Prior to IPAA, pregnant employees were caught in a legal abyss; if their pregnancy or pregnancy-related condition did not rise to the level of a "disability" or "impairment" requiring an accommodation under the ADA, and if the employee was not eligible for leave under the FMLA, her options for accommodations were slim to none.
Now, it's a civil rights violation for Illinois employers to
- not make reasonable accommodations for any medical or common condition of a job applicant or employee related to pregnancy or childbirth;
- deny employment opportunities or benefits to or take adverse action against an otherwise qualified job applicant or employee based on pregnancy-related conditions;
- require a job applicant or employee to accept an accommodation she does not want not;
- require a job applicant or employee to take leave if another reasonable accommodation can be provided; or
- refuse to reinstate an employee affected by pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth to her original job or to an equivalent position. Find out more in the February Illinois Bar Journal.