DGAA bLAWg

New Law Mandates Reasonable Accommodations for Pregnant Women

Web Admin - Thursday, December 11, 2014

pregnant woman wrongful termination, employee rights lawyerDiscrimination against pregnant women in the workforce has long been a concern, and now the Illinois legislature has passed a new law designed to help give women greater protection. The new law modifies the Illinois Human Rights Act, effective starting next year, to more clearly protect pregnant women's rights. The new rights include the right to reasonable accommodation of their pregnancy by their employers, protection from employment discrimination, and protection from forced leave. The law also grants employers some protection from unreasonable demands, such as the ability to refuse accommodations if such accommodations would place an undue hardship on the business.

New Rights for Pregnant Women

The law includes four new rights for “women affected by pregnancy, childbirth, or medical or common conditions related to childbirth.” The most legally complex of these rights is the right to a reasonable accommodation of their pregnancy. These accommodations are changes to the employee’s duties or their workspace that allow the employee to perform the “essential duties” of the position. The law provides some examples of these reasonable accommodations, which may include things like more frequent bathroom breaks, private space for breastfeeding, or a modified work schedule.

The law also provides another set of more concrete rights to pregnant women. For instance, employers may not force accommodations onto a pregnant woman if she does not want them, a provision that is likely designed to protect women from being forced to modify or reduce their work schedules. Similarly, the law forbids an employer from forcing a pregnant woman to take maternity leave if she chooses not to.

Employer's Rights

The law also includes a new set of rights for employers that relate to the issue of reasonable accommodation. The first right is that employers can claim that the accommodation the woman is asking for would place an undue hardship on the company. The law defines undue hardship as “an action that is prohibitively expensive or disruptive.” It also provides four factors for judges to consider when determining whether something is an undue hardship:

  1. 1. The nature and cost of the accommodations;
  2. 2. The financial resources of the facility providing the accommodation and the accommodation's impact on the company's operations;
  3. 3. The resources and size of the employer; and
  4. 4. The type of work the employer does.

This provides a highly individualized test that depends greatly on both the specific employer and the accommodation requested. The law also provides the employer with the right to request medical documentation supporting the need for the accommodation.

If you believe that your rights under this new act are being violated or if you are an employer concerned about your obligations under the new law, contact a Crystal Lake employment law attorney today. Our firm helps many northwest suburban employees and businesses in towns like Rolling Meadows, Crystal Lake, Arlington Heights, Inverness, Deer Park, Palatine, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

Riverwoods estate planning lawyer comp time underage DUI Crystal Lake employment law attorney slip and fall accidents driving Buffalo Grove insurance claim dispute lawyers pet law Palatine personal injury lawyer Arlington Heights lawyer paid sick leave Illinois personal injury lawyers vacation home fines probate claims Chicago car accident lawyer Schaumburg corporate attorney unauthorized overtime Crystal Lake law firm Arlington Heights traffic attorney Buffalo Grove criminal defense lawyer surgical mistakes Schaumburg probate attorney Illinois rollover accident lawyers Buffalo Grove medical malpractice lawyers Illinois trucking safety Crystal Lake estate planning lawyer wills and trusts Chicago corporate attorney caregiver Attorney Ken Apicella Rolling Meadows traffic law firm Class A misdemeanor ACA loss of consortium low-ball insurance settlement financial advisors Rolling Meadows business lawyer insurance denials estate planning for college students Inverness real estate attorney Arlington Heights employment law attorneys pedestrian accidents Colin H. Gilbert Crystal Lake insurance lawyer Illinois attorney llinois Real Estate Lawyers Association breach of contract drug possession spinal cord injury probate loopholes deadly crashes Long Grove estate planning DUI defense federal crimes institutional trustee irrevocable trust mortgage Arlington Heights car crash attorneys Des Plaines real estate attorney Rolling Meadows accident lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, life insurance lawyer Inverness corporate attorney Rolling Meadows employment law attorneys caretaker rights Inverness real estate lawyer traumatic brain injury Barrington estate planning lawyer Illinois jet ski accident lawyer Schaumburg medical malpractice lawyer real estate contract Palatine estate planning lawyer liability claims truck collisions spinal cord injuries Illinois personal injury attorney IRA benefits insurance agent negligence Buffalo Grove real estate attorney denied insurance claims controlled substance medication errors rumble strips Palatine trusts lawyer marijuana product liability living trust Arlington Heights Attorney Crystal Lake will lawyer Crystal Lake civil litigation lawyer Schaumburg criminal law attorney Arlington Heights TBI attorney no contest clauses Rolling Meadows personal injury lawyer Arlington Heights real estate lawyer living trust benefits car crash living wills breathalyzer test deed transfer Rolling Meadows real estate attorney pedestrian injuries, pedestrian fatality Chicago will attorney GM ignition switches attorney fees trucking accidents Illinois insurance claim dispute lawyers capital gains tax murder Illinois Transfer on Death Instrument dog bites insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys preventing accidents Illinois personal injury jet ski accidents Illinois wills and trusts attorneys Des Plaines insurance attorney estate planning attorney denial of life insurance Inverness estate planning lawyer insurance claim TBI Home Sale Contingencies dealing with problem employees healthcare claims federal regulations for LLCs probate fees license suspension Crystal Lake traffic attorney Chicago biking tips small business Crystal Lake pet attorney expungement FMLA Barrington criminal defense lawyer Illinois car accident attorney Schaumburg Attorney Deer Park criminal attorney privacy laws special needs trust Rolling Meadows DUI lawyer medical research pedestrian accident fault based insurance real estate closing car accident lawyers Rolling Meadows personal injury lawyers Barrington Traffic Lawyer trusts Illinois estate planning law firm cell phone overtime violations Buffalo Grove corporate attorney insurance agents Barrington criminal lawyer startup company Illinois employment law attorney civil litigation attorney distracted driving accident victims natural gas trucking accident lawyers Do Not Resuscitate Palatine law firm employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, uninsured motorist senior citizens insurance denial appeals Food and Drug Administration's Food Safety Modernization Act School Visitation Rights Act consent to a search foreclosure employee discrimination Barrington attorney Illinois Wage Payment and Collection Act Des Plaines accident attorney manufacturing Illinois workplace discrimination attorney Crystal Lake bike accident lawyer Joliet general practice lawyers Crystal Lake employment lawyer Barrington employment law firm Schaumburg car accident attorney employment law, Illinois employment laws medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Mount Prospect wills and trusts lawyers Illinois employment law Rolling Meadows insurance lawyer Rolling Meadows employment law attorney insurance claim denials Crystal Lake car accident attorney Deer Park real estate law firm Palatine employment lawyer personal injury attorney Illinois small business traffic offenses real estate attorney investment property Arlington Heights personal injury attorney clemency Palatine criminal defense lawyer Illinois Trust Code civil rights violation rest breaks estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, internet Illinois injury lawyer Arlington Heights insurance attorney college kids Crystal Lake medical malpractice lawyer car accident lawyer Long Grove estate planning attorneys Buffalo Grove personal injury attorney distracted driving accidents severance agreements creditors defective products Illinois bad faith insurance claims Deer Park workers compensation lawyer Schaumburg injury lawyer Arlington Heights wills and trusts lawyer Des Plaines pet law attorney traffic crimes underinsured motorist Arlington Heights personal injury lawyer insurance attorney Barrington real estate lawyer Chicago estate planning automated cars license digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois LLC creation Barrington employment law attorney Arlington Heights wills and trusts attorneys Illinois traffic accident lawyer drug crimes lawyer slip and fall Palatine traffic accidents digital evidence Illinois traffic ticket lawyer golf accidents POA Policy Cancellation Deer Park employment law attorney Illinois business law atorneys workers comp drug crime landlord tenant law traffic deaths Illinois insurance disputes cell phone accidents Illinois Smoke Detector Act construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation medical marijuana Illinois wrongful termination lawyer drugs child safety gift taxes traffic accidents personal injury lawyer pet bites Fair Labor Standards Act insurance claims Barrington employment attorney healthcare Barrington personal injury attorney unpaid overtime Rolling Meadows insurance attorney commercial leasing Mount Prospect elder law attorney traffic violations defense Illinois elder law attorney Palatine drug lawyer Palatine business attorney Illinois workers compensation attorney IRA trust transfer Illinois mortgages Palatine punch death power of attorney Chicago estate planning lawyer IRS estate tax owner responsibility Federal Food Drug and Cosmetic Act personal injury Illinois real estate lawyer accidental death benefits Inverness traffic law firm Illinois Human Rights Act privacy blood alcohol content Mt Prospect Attorney Illinois wills and trusts Palatine employment law lawyer changes to mortgage law DUI penalities traffic tickets home inspection lawyer meal breaks Schaumburg estate planning lawyer Crystal Lake car accident lawyer traffic laws Rolling Meadows litigation lawyer Illinois traffic attorneys workplace sexual harassment Palatine injury attorney business litigation Des Plaines DUI attorney Deer Park traffic accident attorney BAIID forming a corporation in Illinois Des Plaines personal injury attorney Barrington medical malpractice lawyers criminal motorcycle accident lawyer Schaumburg personal injury attorney corporate law personal injury claim Schaumburg personal injury lawyers employment lawyer Illinois estate planning attorney trust payments Buffalo Grove traffic lawyers denied insurance claim pizza emoji Transfer on Death Instrument probate process Barrington Illinois estate planning lawyer Rolling Meadows corporate lawyer Long Grove real estate attorney minimum wage Crystal Lake medical malpractice law firm FSLA motorcycle accident liability coronavirus Buffalo Grove car accident lawyer Chicago employment attorney eluding a police officer commercial real estate Illinois bicycle safety Des Plaines personal injury lawyer Inverness DUI lawyer Schaumburg real estate lawyer Rolling Meadows medical malpractice lawyers Rolling Meadows insurance dispute lawyers Illinois workers compensation lawyer Schaumburg estate attorney Illinois employment law firm dram shop law tax attorney Illinois registered agent Kenilworth estate planning attorney Inverness accident lawyer Rolling Meadows Traffic Lawyer Illinois civil litigation lawyer Buffalo Grove law firm sexual images employees license revocation Barrington estate planning attorney workers compensation benefits Chicago trucking accident attorney pain and suffering job lawyers Illinois insurance lawyer jet ski Deer Park motorcycle accident lawyer Illinois red light cameras Illinois employee rights attorney. estate planning lawyer Crystal Lake personal injury attorney preventable medical errors employee misclassification Des Plaines real estate lawyer wrongful death CAM Thanksgiving Illinois living will modern family estate planning life insurance policy fiduciary rule delay texting and driving medical malpractice claims commercial leases Schaumburg drug defense lawyer boating DUI comparative negligence Rolling Meadows boating crash lawyer Illinois driving without license Buffalo Grove probate lawyer Crystal Lake injury attorney trustee residential real estate holiday statistics Barrington workers compensation attorney Illinois medical malpractice lawyers probate lawyer speeding Illinois personal injury lawyer Illinois pet lawyer Inverness civil lawyer Illinois probate lawyer Des Plaines collections attorney elder abuse employment attorney criminal record health insurance dispute Illinois insurance dispute lawyers Illinois traffic attorney medical malpractice compensation appealing an insurance claim Colin Gilbert pregnant women Barrington civil litigation attorney car accidents landlord car accident icy parking lots Illinois employment attorneys Illinois employment lawyer Crystal Lake medical malpractice attorneys subcontractor estate planning trusts real estate Illinois insurance claims lawyers Illinois criminal defense attorney Palatine probate lawyer guardianship attorney Des Plaines tax law firm rollover car crashes Illinois employment laws Forcible Entry Illinois traffic laws first degree murder agent Arlington Heights estate planning attorney Chicago employment lawyer Arlington Heights wills and trusts attorney Palatine employment attorney field sobriety test Des Plaines civil attorney Crystal Lake employment attorney DUI DMV Crystal Lake personal injury lawyer Chicago lawyer Des Plaines injury law firm Palatine workers compensation lawyer Illinois business lawyer Deer Park medical malpractice attorney Illinois law ken apicella Deer Park traffic lawyer construction contracts insurance negligence Schaumburg wrongful death attorney insurance claim denial head on collisions condo association criminal law Rolling Meadows marijuana attorney rent to own real estate contracts personal injury claims LLCs Deer Park accident attorney Schaumburg insurance lawyers rollover accidents defective products lawyer Palatine civil litigation lawyer Arlington Heights tax lawyer traumatic brain injuries wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Schaumburg estate planning attorney power of attorney for healthcare probate claims process Detainer Actions bike accident estate plan Arlington Heights criminal lawyer revenge porn Palatine corporate law attorneys homestead rights construction accidents swimming pools Buffalo Grove traffic attorney real estate lawyer IRELA Rolling Meadows traffic attorney Palatine traffic lawyer medical malpractice drunk driving statistics Palatine insurance lawyer Employment Discrimination Law Arlington Heights accident attorney Home Remodeling Repair Act Des Plaines claims law firm insurance claim delay Affordable Care Act employee rights Rolling Meadows insurance dispute lawyers, insurance dispute hit and run accident personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Barrington drug crime attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Long Grove wills and trusts attorneys civil litigation Chicago insurance claim attorneys in terrorem provision Buffalo Grove employment lawyer Inverness insurance attorney Rolling Meadows operating agreements Illinois DUI attorney back injuries condo texting while driving unfunded trust Schaumburg employment law attorneys bicycle accidents Long Grove estate planning attorney Illinois corporate lawyer Chicago insurance law firm real estate leasing products liability installment contracts digital information Illinois real estate anesthesia errors insurance dispute Jay Andrew car crashes natural gas explosion Long Grove real estate lawyer Illinois defective products attorney BAC Rolling Meadows criminal lawyer Des Plaines personal injury lawyers Inverness injury lawyer reckless homicide elder law advance healthcare directive Rolling Meadows employment attorney Rolling Meadows tax attorney Rolling Meadows estate planning attorney Illinois insurance claim dispute lawyer Inverness probate lawyer Rolling Meadows criminal attorney Illinois estate planning Barrington personal injury lawyer Palatine elder law attorney Landlord Tenant Ordinance Self-Directed IRA Accounts Des Plaines drug crimes lawyer Illinois insurance attorney disability benefits liens Crystal Lake business law attorneys murder defense ObamaCare Exclusions trench injuries new real estate form Buffalo Grove injury lawyer insurance adjusters digital assets right to work gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys criminal defense Schaumburg personal injury lawyer mass shooting Illinois will lawyer Illinois medical malpractice attorney personal injury law firm Illinois boating accident lawyer Arlington Heights medical malpractice lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois pedestrian accident attorney Illinois job attorney premises liability Illinois workplace lawyer living trust vs will independent contractor Arlington Heights injury attorney Illinois Workers’ Compensation Commission wrongful termination Crystal Lake traffic lawyer income distribution deducation Schaumburg construction accident lawyer overtime pay life insurance Rolling Meadows drug defense attorney cell phone tower data Barrington boating accident attorney traffic violations Crystal lake insurance dispute attorney whistleblower protections South Barrington real estate lawyer Rolling Meadows Attorney food poisoning murder charges Illinois construction accident attorney Palatine Attorney Illinois employment law attorneys Retaliatory Discharge problem employees Schaumburg civil litigation attorney drunk driving Schaumburg criminal attorney DUI attorney Arlington Heights pedestrian accidents bicycle dooring accidents Kenilworth estate planning attorneys wills estate planning drug crimes Family Medical Leave Act workers compensation Illinois Probate Act of 1975 auto accidents Schaumburg elder law lawyer Inverness personal injury attorney Palatine construction attorney nursing home negligence Palatine corporate attorney foreclosed rental property marijuana crimes attorney Barrington injury attorney Arlington Heights wills and trusts lawyers Des Plaines Traffic Lawyer crossover accidents unpaid assessment sexual harassment Illinois collections attorney Liquor Control Act Des Plaines medical malpractice attorney Des Plaines car crash injuries Arlington Heights Traffic Lawyer Des Plaines drug lawyer hiring employees Illinois Sales Representative Act Deer Park personal injury lawyer Legal Info Mount Prospect real estate lawyer Illinois speeding lawyer Kenilworth estate planning lawyer contracts hands free device Arlington Heights trucking lawyer compensatory time Super Mario sole proprietorship underfunded trust Crystal Lake tax lawyer Deer Park DUI lawyer trauma after an accident work unions Schaumburg traffic lawyer PTSD Schaumburg employment attorney insurance disputes insurance claim dispute attorney car collision Chicago attorney Illinois trusts attorney Schaumburg Illinois home inspection Palatine real estate lawyer license reinstatement Rolling Meadows personal injury attorney social media after death pay when paid contract suspended license Arlington Heights employment attorney boating under the influence Barrington business law firm Barrington litigation attorney Rolling Meadows probate lawyer wage theft Crystal Lake accident attorney Crystal Lake pedestrian accident lawyer dynasty trusts Illinois lawyer brain injury filing a medical malpractice claim Des Plaines criminal attorney BUI Illinois motorcycle accident lawyer Crystal Lake criminal defense attorney DGAA Palatine civil attorney fiduciary rule Chicago traffic lawyer Rolling Meadows car accident lawyers Fourth of July Inverness elder law lawyer personal injury accidents insurance dispute attorney Illinois tax attorney insurance claim dispute Whistleblower Claims taxes Buffalo Grove personal injury lawyer Illinois medical malpractice case involuntary manslaughter vacation home Illinois medical malpractice claim real estate attorneys DNR employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys real estate zoning employment law Des Plaines motorcycle accident attorney estate attorney Arlington Heights car accident lawyer boating accidents life insurance claims blended families pedestrian-automobile accident estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois insurance claim attorney fatal car accidents employment contract South Barrington real estate attorney

Archive