Protecting Pregnant Workers: The Pregnant Workers Fairness Act and Illinois Law

Pregnancy is a natural part of life, but it shouldn’t come with the worry of losing your job or facing unfair treatment at work. Thankfully, federal and Illinois state laws work together to protect pregnant employees and those recovering from childbirth. Recently, the federal Pregnant Workers Fairness Act (PWFA) has reinforced these safeguards nationwide, providing clearer and stronger rights.

Workplace Law Partners outlines the key protections under the PWFA, explains Illinois’s complementary laws, and shares practical examples of accommodations you can request if you’re pregnant or postpartum. It also guides you on how to take action if your rights are violated.

Understanding the Pregnant Workers Fairness Act (PWFA)

Passed by Congress and effective as of June 27, 2023, with further guidance rules to be implemented in June 2024, the PWFA requires most employers to provide reasonable accommodations for workers with pregnancy-related needs. The goal is simple: help you perform your job safely and effectively during pregnancy or childbirth recovery, unless doing so causes significant difficulty or expense (known as "undue hardship") for your employer.

Who’s Covered Under PWFA?

The PWFA applies primarily to private and public employers with 15 or more employees and includes job applicants. Small employers with fewer than 15 employees are generally not covered by the federal law, though Illinois state law may still protect those workers.

What Rights Does PWFA Give You?

PWFA gives pregnant workers:

• The right to request reasonable accommodations for limitations related to pregnancy, childbirth, or medical conditions arising from these
• The right to an interactive process with your employer, meaning a two-way discussion to find a workable solution
• Protection from being forced to accept unwanted accommodations or forced to take leave if a reasonable modification lets you keep working
• Protection against being denied a job or promotion because you might need a pregnancy-related accommodation
• Protection from retaliation or discipline for requesting accommodations or exercising your rights

These rights are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

Illinois State Law: A Strong Complement

Illinois has long been a leader in protecting pregnant workers. The Illinois Human Rights Act extends protections to nearly all employers in the state, even those with just one employee.

This means if you work anywhere in Illinois, no matter the size of your company, you have protections against:

• Being fired or refused hire simply for being pregnant or recovering from childbirth
• Being denied reasonable accommodations for pregnancy-related conditions, including both typical pregnancy needs (like restroom breaks) and medical conditions related to pregnancy or postpartum recovery

Illinois employers must post notices informing employees of these rights and include them in handbooks.

The Illinois Department of Human Rights (IDHR) enforces these protections. Unlike federal law, Illinois gives you up to two years to file a complaint — a longer window than many federal statutes provide.

How Federal and Illinois Law Work Together

If you live and work in Illinois, you’re covered by both the PWFA and Illinois law. These laws generally work in harmony to protect your rights, with employers expected to meet the higher standard between the two.

Here are some differences to keep in mind:

• Employer Size – The PWFA covers employers with 15+ employees. Illinois covers even the smallest businesses.
• Scope of Coverage – Both cover pregnancy, childbirth, and related medical conditions broadly, including physical and mental health conditions (like morning sickness, gestational diabetes, postpartum depression, and lactation). Illinois law also explicitly protects reproductive decisions like birth control or abortion, a broader scope than the PWFA.
• Enforcement and Timing – You can file a claim with the IDHR or the EEOC, or both. The state offers a longer time to file claims (two years), compared with 300 days federally in Illinois. Both agencies collaborate if your complaint is cross-filed.

The PWFA does not dilute Illinois protections; instead, it acts as an essential layer of federal guarantee.

Examples of Reasonable Accommodations

Reasonable accommodations are workplace adjustments that help you work safely and comfortably. These can be simple and cost-effective.

Examples include:

• More frequent breaks to rest, use the restroom, or hydrate
• Providing seating or a stool if your job requires standing
• Assistance with heavy lifting or avoiding strenuous physical tasks
• Temporary light-duty assignments or modified work schedules, such as shorter shifts or telework
• Time off for medical appointments and recovery after childbirth
• Private, clean spaces and break time for lactation and breast pumping

Each situation is unique, and accommodations should be tailored through cooperation between you, your healthcare provider, and your employer. Many accommodations have little to no cost for employers.

Filing a Complaint if Your Rights Are Violated

If your employer ignores your rights under the PWFA or Illinois law, or retaliates against you, below are steps you can take.

1. Document everything. Keep records of requests, conversations, emails, and actions taken.
2. Try to resolve it internally. Inform HR or your supervisor formally to give them an opportunity to fix the issue.
3. File a charge with the IDHR. You have up to two years for this. The IDHR investigates and may mediate or help resolve your complaint.
4. File a charge with the EEOC. Federal complaints typically must be filed within 300 days in Illinois. The EEOC can investigate and issue a “right-to-sue” letter for court action if needed.
5. Dual filing is possible. The IDHR and EEOC coordinate to handle cross-filed complaints efficiently.
6. Protection from retaliation. Your employer cannot punish you for requesting an accommodation or filing a complaint.

It may be beneficial to consult with legal counsel or advocacy groups to guide you through these steps.

How Workplace Law Partners Can Help Pregnant Workers

Pregnancy and motherhood bring many joys, but facing workplace discrimination or unfair treatment because of pregnancy should never be part of that experience. Thanks to laws like the Pregnant Workers Fairness Act (PWFA) and Illinois state protections, pregnant employees and new mothers have clear rights. Yet, navigating these laws and standing up for your rights can feel overwhelming, especially when your livelihood and health are at stake.

Workplace Law Partners is dedicated to supporting pregnant workers across Illinois who face discrimination, denial of accommodations, retaliation, or wrongful termination. Our experienced team understands the complexities of pregnancy-related employment law and can provide compassionate, effective guidance tailored to your situation.

Whether you are denied needed accommodations like extra breaks or light duty, pushed out of your job unfairly, or harassed for your pregnancy status, Workplace Law Partners can help you.

Our attorneys:

• Know Your Legal Rights – We understand what protections apply in your specific case, including how the PWFA and Illinois Human Rights Act work together to protect you.
• Document Your Experience – We guide you on collecting and preserving vital evidence like communications, policies, and workplace incidents.
• Engage with Employers – We advocate for your accommodations and fair treatment through constructive conversations or formal negotiation.
• File Claims When Necessary – We assist you with complaints to the IDHR, the U.S. EEOC, or pursuing litigation if your rights have been violated.
• Protect Against Retaliation: Ensuring your employer doesn’t punish you for asserting your rights or filing claims.

Facing pregnancy discrimination can be intimidating, but you don’t have to do it alone. Workplace Law Partners combines legal expertise with a compassionate approach, committed to protecting your career, health, and dignity during this important time.