The law regarding pregnant employees in the workplace is a continually evolving topic that is likely to affect virtually all Illinois employers, including physician offices. Both State and federal law regulate issues of hiring, firing and required work accommodations for pregnant workers. Additionally, the U.S. Supreme Court case of Dobbs v. Jackson Women’s Health Organization, overturning the right to abortion under Roe v. Wade, has generated varying new state-by-state guidance concerning employment and pregnancy-related conditions, including the right to employment-related accommodation for care in termination of pregnancy, discussed below.
Although federal law has its own pregnancy fairness code (the Pregnant Workers Fairness Act), Illinois is one of a majority of states that has passed its own version of a pregnant workers’ rights law. The so-called Illinois “Pregnancy Fairness Law” includes “job applicants or employees affected by pregnancy or medical or common conditions related to childbirth” as categories for which employees are protected under the Illinois Human Rights Act.
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