Beginning on January 1, 2015, employers in Illinois are subject to a new law addressing the rights of pregnant women and new mothers in the workplace. Very recent amendments to the Illinois Human Rights Act, known as the Illinois Pregnancy Accommodation Act (“IPAA”), have been passed that effectively create a protective class status for pregnant women and mothers that recently gave birth. The purpose of this article is to inform Illinois businesses about this important new law and the need to determine how to best become compliant.
Is My Illinois Business Covered Under The IPAA?
All businesses operating in Illinois with Illinois employees are subject to the provisions of the IPAA.
How Does The IPAA Impact My Business?
Employers are required to provide a reasonable accommodation to allow pregnant women, or new mothers, the ability to continue to work. The IPAA does not require an employer to make a reasonable accommodation if it would impose an undue hardship on the business. The IPAA also requires all Illinois employers to post a new workplace notice for employees providing information about employee rights under the IPAA in a form approved by the Illinois Department of Human Rights or to enact a specific policy addressing the IPAA in its employee policy manual.
What Employees Are Covered Under The IPAA?
All Illinois employees, including part-time employees, are afforded protections under the IPAA.
How Can Businesses Ensure That They Are Compliant With The IPAA?
It is critical to have a plan in place to address instances of employees having protected rights under the IPAA. Employers should consult with legal counsel as to what types of policies and accommodations are necessary and appropriate for their particular business. Moreover, businesses should consult with counsel to ensure that its employee policy manual and workplace notices accurately reflect the new protections afforded employees under the IPAA beginning in 2015.
Based upon the recent changes in Illinois law, for the IPAA and other key areas, it is important for all employers to determine if their internal policies, employee policy manuals, and notices are current. A thorough review of employment policies and related law changes should be conducted by qualified legal counsel on a regular basis.
For more information about rules governing employers in Illinois, or this article, please feel free to contact John W. Albee at Albee Law PC via telephone (312) 279-0115 or via email at jalbee@albeelaw.com.
