Client Alert - Employment Law Update
New Illinois Law Extends Additional Workplace Protections to Pregnant Women
On August 26, 2014, Governor Pat Quinn signed into law a bill that amends the Illinois Human Rights Act to provide new protections for pregnant workers and job applicants. The new law takes effect January 1, 2015, and applies to all Illinois employers.
Under the new law, employers are required to provide reasonable accommodations for any medical or common condition related to pregnancy or childbirth upon a request by an employee or a job applicant. Employers are also prohibited from denying employment opportunities or taking adverse employment action against individuals based on their need for a reasonable accommodation.
Reasonable accommodation means a reasonable modification to the job application process, or providing a reasonable manner in which to perform one's job. Examples of steps an employer may be required to take include: additional or longer bathroom breaks, private non-bathroom space, additional seating areas, temporary job transfer to less strenuous or hazardous positions, time off to recover from pregnancy-related issues, and part-time or modified schedules.
Employers are not required to make accommodations to affected employees if doing so would constitute an "undue hardship." This term is defined as an action that is prohibitively expensive or disruptive when considered in light of certain factors. The factors include the nature and cost of the accommodation; the overall financial resources of, and the number of persons employed by, an employer; the effect on expenses and resources, and other impacts on the operations of the facility involved; and the type of operations of the employer.
What to Do
This new law expands certain protections for pregnant women, but also implicates many existing obligations that employers have to all workers. As such, employers should take the opportunity to review their current policies and practices concerning reasonable accommodations, equal employment opportunity, and medical leave. In addition, managers, supervisors, and human resource personnel should be trained as to the law's new requirements.
If you have any questions about how this legislative enactment will affect your business or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.