Signed by Governor Pat Quinn

Vote Smart's Synopsis:

Vote to pass a bill that requires employers to provide accommodations for pregnant workers.

Highlights:

• Requires an employer to make “reasonable accommodations” for a job applicant, part-time employee, or full time employee who becomes pregnant, unless the employer can demonstrate that the accommodations would impose “undue hardship” on the employer (Sec. 15).

• Defines “reasonable accommodations” as adjustments to the job application process or the usual work environment that enables the individual affected by the pregnancy to perform the essential functions of that position, including, but not limited to, the following (Sec. 15:
• More frequent or longer bathroom and water breaks;
• Private non-bathroom space for breastfeeding or expressing breast milk;
• Assistance with manual labor or a transfer to a less strenuous or hazardous position; and
• Appropriate time off to recover from childbirth.

• Defines “undue hardship” as an action that is prohibitively expensive or disruptive when considering the following factors (Sec. 15):
• The nature and cost of the accommodation needed;
• The impact the accommodation will have on the facility and individuals at the facility;
• The overall financial resources of the employer and number of employees; and 
• The type of operation of the employer. 

• Prohibits an employer from claiming undue hardship if the employer provides a similar accommodation to a similarly situated employee (Sec. 15). 

• Prohibits an employer from failing or refusing to reinstate an employee’s position, pay, and benefits that were previously held before the employee received a reasonable accommodation for a pregnancy or child birth (Sec. 15).

Full Bill Text