Last January 1, Illinois’ Pregnancy Accommodation Act, also known as the “Pregnancy Fairness Act”, went into effect protecting pregnant workers from employment discrimination and requiring employers to provide reasonable accommodations to employees, and job applicants, for conditions related to pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth. New administrative rules implementing the Pregnancy Fairness Act are expected to take effect in October.
Pregnancy-related Accommodations
The Pregnancy Fairness Act requires the employer and employee with a pregnancy condition to engage in a “timely, good faith, and meaningful exchange to determine effective reasonable accommodations.” The law offers a non-exclusive list of examples of reasonable accommodations, including:
- more frequent or longer bathroom breaks, water breaks, rest periods and seating
- private non-bathroom space for expressing breast milk and breastfeeding
- assistance with manual labor, light duty, and temporary transfer to a less strenuous or non-hazardous position
- acquiring or modifying equipment or devices, and making existing facilities more accessible and useable
- job or assignment restructuring, transfers, and part-time or modified work schedules
- modifying the application process, examinations, training materials and policies
- providing time off or leave
Proposed Pregnancy Accommodation Administrative Rules
The proposed rules include expanded guidance on:
- the interactive process that must occur between an employer and an affected job applicant or employee, including handling requested accommodations, offering alternate accommodations and when an employee can provide a reasonable accommodation at her own expense
- offering a temporary transfer or reassignment, limitations and compensation
- granting time off or leave, notice requirements, use of accrued leave and reinstatement rights
- continuing fringe benefits, including insurance coverage, during a reduced schedule accommodation period
- obtaining medical documentation of the need for a reasonable accommodation and the requirement of a business necessity and job-relatedness of the information
- prohibited discriminatory and retaliatory actions occasioned by a pregnancy condition or the need for a reasonable accommodation
While the proposed rules require both parties to act in good faith, a job applicant or employee cannot be forced to accept an offered accommodation, and an employer does not need to provide an accommodation that would cause undue hardship to the employer. The proposed rules are available here.