Pregnancy changes your life in many ways, but it should never change how your employer treats you. Workers throughout Chicago, from the Loop to Lincoln Park to the South Side, face unfair treatment every day simply because they are pregnant, planning to become pregnant, or have recently given birth.
Federal and Illinois state laws prohibit this type of discrimination, yet many employers continue to fire, demote, or harass pregnant employees. Chicago pregnancy discrimination lawyers help workers hold these employers accountable and pursue compensation for lost wages, emotional distress, and other harm.
If your employer treated you unfairly because of your pregnancy, contact Greenberg Gross LLP at (312) 820-3050 for a confidential case evaluation.
Start your journey towards justice today by scheduling your free claim consultation
How Greenberg Gross LLP Helps Pregnant Workers in Chicago
Greenberg Gross LLP represents employees throughout the Chicago area who have experienced pregnancy discrimination, wrongful termination, and other unlawful workplace treatment. The firm has built a reputation for taking on high-stakes employment cases and achieving significant results for workers whose rights have been violated.
A Record of Success in Employment Discrimination Cases
The attorneys at Greenberg Gross have secured millions of dollars in settlements and verdicts for employees facing discrimination and retaliation. The firm represents workers in cases involving gender discrimination, pregnancy-related terminations, failure to accommodate, and hostile work environments. Each case receives individual attention, and the legal team prepares every matter as if it will proceed to trial.
Trial-Ready Representation for Chicago Employees
Many law firms push for quick settlements to avoid litigation, but Greenberg Gross takes a different approach. The firm prepares every case as though it will go to trial, ensuring attorneys and clients are thoroughly ready for courtroom proceedings. This commitment to litigation readiness often encourages employers to offer fair settlements rather than risk an unfavorable verdict.
Contingency Fee Representation
Greenberg Gross handles pregnancy discrimination cases on a contingency fee basis, meaning clients pay no legal fees unless the case results in a recovery. This arrangement allows workers to pursue their claims without worrying about upfront costs during an already stressful time.
What Laws Protect Pregnant Workers in Chicago?
Multiple federal and state laws protect pregnant employees from discrimination in the workplace. These protections apply to workers throughout Illinois, including those employed in Chicago's downtown business district, the suburbs, and surrounding communities.
Federal Protections Under the Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees based on pregnancy, childbirth, or related medical conditions. The PDA applies to employers with 15 or more employees and requires them to treat pregnant workers the same as other employees with similar abilities or limitations.
Under the PDA, employers must provide pregnant employees with the same benefits, leave policies, and accommodations they offer to other temporarily disabled workers. If an employer allows workers with broken legs to take light duty assignments, for example, the employer must offer the same option to pregnant workers who need similar accommodations.
Illinois Human Rights Act Protections
The Illinois Human Rights Act (IHRA) provides additional protections for pregnant workers in Chicago and throughout Illinois. The IHRA covers employers with one or more employees, offering broader coverage than federal law. Illinois law also includes specific provisions requiring employers to provide reasonable accommodations for pregnancy-related conditions.
The Pregnant Workers Fairness Act
The federal Pregnant Workers Fairness Act (PWFA), which took effect in 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation causes undue hardship. This law fills gaps in previous protections and applies to employers with 15 or more employees.
What Does Pregnancy Discrimination Look Like in the Workplace?
Pregnancy discrimination takes many forms, and some employers disguise their discriminatory actions behind seemingly neutral policies or pretextual reasons. Recognizing the signs of discrimination helps workers identify when their rights have been violated.
Common Forms of Pregnancy Discrimination
Employers throughout the Chicago metro area engage in pregnancy discrimination in various ways that violate both federal and state employment laws. The following actions may constitute illegal pregnancy discrimination:
- Firing or refusing to hire a worker because of pregnancy or plans to become pregnant
- Demoting a pregnant employee or reducing her hours without a legitimate business reason
- Denying a promotion to a qualified worker because of pregnancy
- Refusing to provide reasonable accommodations for pregnancy-related conditions while accommodating other temporary disabilities
- Forcing a pregnant employee to take leave when she is willing and able to work
Each of these discriminatory actions violates the protections established under the Pregnancy Discrimination Act and the Illinois Human Rights Act, and workers who experience them may have grounds to pursue legal claims.
Hostile Work Environment Based on Pregnancy
Some employers create hostile work environments for pregnant employees through harassment, offensive comments, or other unwelcome conduct. When this behavior is severe or frequent enough to interfere with a worker's ability to do her job, it may constitute illegal discrimination. A hostile work environment claim requires showing that the harassment was based on pregnancy and that the conduct created an abusive working environment.
How Do You Prove a Pregnancy Discrimination Case?
Building a pregnancy discrimination case requires gathering evidence that connects the adverse employment action to your pregnancy. Direct evidence is rare, so most cases rely on circumstantial evidence that supports an inference of discrimination.
Direct and Circumstantial Evidence
Direct evidence includes statements by supervisors or managers that reveal a discriminatory motive, such as comments about a worker's pregnancy affecting her job performance. This type of evidence is uncommon because most employers avoid making such statements openly. Circumstantial evidence is more common and may be equally persuasive when building a pregnancy discrimination case.
Evidence That Strengthens a Pregnancy Discrimination Claim
Certain types of documentation carry significant weight in pregnancy discrimination cases filed in Chicago and throughout Illinois. The following evidence may strengthen your claim against your employer:
- Performance reviews showing satisfactory work before the pregnancy and sudden negative evaluations afterward
- Emails, text messages, or other communications containing comments about your pregnancy
- Records showing that non-pregnant employees received different treatment for similar conduct or performance
- Documentation of requests for accommodation and the employer's responses
- Witness statements from coworkers who observed discriminatory conduct or comments
A pregnancy discrimination lawyer reviews all available evidence to identify the strengths and weaknesses of your case and develop an effective legal strategy tailored to your situation.
We can help assess the strength of your case
What Damages May Be Available in Chicago Pregnancy Discrimination Cases?
Workers who prevail in pregnancy discrimination claims may recover several types of damages depending on the nature of the violation and the evidence presented. The specific damages available depend on which laws apply to your case.
Economic Damages
Economic damages compensate workers for the financial harm caused by the discrimination. These damages may include back pay covering wages lost from the date of the adverse action through the resolution of the case. Front pay may also be available if the discrimination harmed your ability to find comparable employment or if reinstatement is not practical.
Non-Economic and Punitive Damages
Beyond economic losses, pregnancy discrimination victims may recover damages for emotional distress and other non-economic harm. Chicago-area workers who pursue pregnancy discrimination claims may seek compensation for the following types of harm:
- Emotional distress including anxiety, depression, humiliation, and loss of enjoyment of life
- Medical expenses for treatment of mental health conditions caused by the discrimination
- Punitive damages in cases involving particularly egregious or intentional employer misconduct
- Attorneys' fees and costs incurred in pursuing the claim
The availability of specific damages depends on the facts of your case and the laws that apply to your employer, making consultation with a pregnancy discrimination attorney in Chicago an advisable step.
What Steps Lead to Filing a Pregnancy Discrimination Claim?
Filing a pregnancy discrimination claim involves several steps, including administrative requirements that workers must complete before pursuing a lawsuit in court.
Filing a Charge with the EEOC or IDHR
Before filing a pregnancy discrimination lawsuit based on federal law, workers must first file a charge with the Equal Employment Opportunity Commission (EEOC). The deadline for filing an EEOC charge is generally 300 days from the date of the discriminatory act in Illinois. Workers may also file charges with the Illinois Department of Human Rights (IDHR) for violations of the Illinois Human Rights Act.
The Investigation and Right-to-Sue Process
After you file a charge, the agency investigates your claims by requesting information from your employer, interviewing witnesses, and reviewing documents. The investigation timeline varies depending on the complexity of the case and the agency's workload. If the agency does not resolve your charge, it issues a right-to-sue letter that allows you to file a lawsuit in court.
What Defenses Do Employers Raise in Pregnancy Discrimination Cases?
Employers facing pregnancy discrimination claims rarely admit wrongdoing and instead offer alternative explanations for their actions. Understanding these defenses helps workers and their attorneys prepare effective responses.
Common Employer Defenses
Employers throughout Chicago and Illinois typically rely on several standard defenses when facing pregnancy discrimination claims filed by current or former employees. The following defenses appear frequently in pregnancy discrimination litigation:
- Legitimate business reasons such as poor performance, attendance issues, policy violations, or economic necessity
- Lack of knowledge claiming that decision-makers did not know about the pregnancy when taking the adverse action
- Undue hardship arguments asserting that the requested accommodation imposed significant difficulty or expense
- Same-actor inference suggesting that discrimination is unlikely when the same person who hired the worker also made the termination decision
Breaking through these defenses requires showing that the employer's stated reasons are pretextual, meaning they are not the true reasons for the adverse action against the pregnant worker.
Why Do Chicago Pregnancy Discrimination Lawyers Matter for Your Case?
Pregnancy discrimination claims involve interactions between federal and state law, procedural requirements, and evidentiary challenges that may be difficult to navigate without experienced guidance. Missing deadlines or making procedural errors may harm your ability to recover compensation.
The Value of Legal Representation
A Chicago pregnancy discrimination lawyer understands how to investigate your employer's conduct, gather relevant evidence, and present a compelling case to the EEOC, IDHR, or a court. Attorneys who regularly handle employment cases know what evidence tends to be persuasive and how to counter the defenses employers typically raise.
Warning Signs That May Indicate Pregnancy Discrimination
Many workers who have experienced pregnancy discrimination do not immediately recognize that their employer acted illegally. The following circumstances may indicate that you have a potential pregnancy discrimination claim worth discussing with an attorney:
- Termination shortly after announcing your pregnancy or returning from maternity leave
- Sudden negative performance reviews after years of positive feedback following a pregnancy announcement
- Denial of accommodations that your employer provides to workers with other temporary medical conditions
- Comments from supervisors about your commitment to work or ability to handle your job while pregnant
- Being passed over for promotions or assignments given to less qualified non-pregnant coworkers
The presence of one or more of these warning signs does not guarantee that pregnancy discrimination occurred, but it does suggest that consulting with a Chicago employment attorney may be worthwhile.
FAQs for Chicago Pregnancy Discrimination Lawyers
What qualifies as pregnancy discrimination under Illinois law?
Pregnancy discrimination occurs when an employer treats a worker unfavorably because of pregnancy, childbirth, or a related medical condition. This includes firing, refusing to hire, demoting, harassing, or denying reasonable accommodations to pregnant workers. Both the Illinois Human Rights Act and federal law prohibit these actions.
How long do I have to file a pregnancy discrimination claim in Chicago?
The deadline for filing an EEOC charge is generally 300 days from the date of the discriminatory act. State law claims filed with the Illinois Department of Human Rights have similar deadlines. Missing these deadlines may result in losing the right to pursue legal action, so consulting with an attorney promptly is advisable.
Does my employer have to give me accommodations during pregnancy?
Under the Pregnant Workers Fairness Act and Illinois law, employers must provide reasonable accommodations for pregnancy-related limitations unless doing so causes undue hardship. Accommodations may include more frequent breaks, modified duties, seating, or temporary transfer to less physically demanding work.
What if my employer fired me shortly after I announced my pregnancy?
Suspicious timing may support an inference of discrimination, though timing alone does not prove your case. If you received positive performance reviews before announcing your pregnancy and faced termination shortly afterward, this pattern may strengthen your claim. A pregnancy discrimination attorney reviews all the facts to assess the strength of your case.
Do pregnancy discrimination laws apply to small employers in Chicago?
The Illinois Human Rights Act covers employers with one or more employees, providing broader protection than federal laws that only apply to employers with 15 or more workers. This means most Chicago workers have legal protection against pregnancy discrimination regardless of their employer's size.
Take Action by Contacting Chicago Pregnancy Discrimination Lawyers Today
Standing up to an employer who violated your rights takes courage, but you do not have to face this fight alone. Greenberg Gross LLP represents pregnant workers and new mothers throughout Chicago who have experienced discrimination, wrongful termination, and other unlawful treatment.
The firm handles pregnancy discrimination cases on a contingency fee basis, meaning no legal fees are owed unless the case results in a recovery. If your employer treated you unfairly because of your pregnancy, call (312) 820-3050 or contact the firm online to discuss your case during a confidential consultation.