Pregnancy discrimination happens when your employer illegally treats you less favorably because of your pregnancy. 

First things first, congratulations! You are going to have a baby! You are of course excited, so you start to tell everyone at work the great news. Everyone seems to be extremely happy for you, well, almost everyone. Your boss’ demeanor seems off, but you brush it off because you do not want it to ruin your great news. Or, maybe you think you are misinterpreting the reaction. 

As time passes, your boss’ behavior does not improve. You feel like something is off, but you cannot put your finger on it. Maybe your boss is just worried about losing you to maternity leave, or maybe there is something more personal going on. Regardless, you decide it is not your business to pry. 

But as your boss continues to act weirdly toward you, your curiosity grows. You start to notice your workload is getting lighter and lighter. You also notice that you are not being included in the big projects you used to oversee. Suddenly, you went down the ranks in your boss’ eyes in just a matter of weeks. 

After being passed over for a promotion, demoted, or forced to give up valuable customer accounts, you realize the catalyst for this change: your pregnancy. 

Pregnancy discrimination is treating an employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition. Pregnancy discrimination is illegal under the federal Pregnancy Discrimination Act (PDA) and may also violate Illinois law. 

The ways in which pregnancy discrimination happens vary. Here are just some examples: 

• Fired shortly after announcing you are pregnant 
• Unable to perform work tasks because you are pregnant and your boss refuses to provide a reasonable accommodation
• Caseload decreases after announcing you are pregnant 
• Forced to return early from maternity leave 
• Encouraged not to take maternity leave 
• Passed over for promotions because of pregnancy 
• Left out of work-related opportunities because of pregnancy 

If you are unsure whether what you experienced is pregnancy discrimination, call a Chicago pregnancy discrimination lawyer to better understand your potential case. 

Discrimination is rarely open and obvious. Most managers know enough not to, for example, admit that they are laying you off because you are pregnant. The law understands this and allows you to prove your case using circumstantial evidence. For example, if your boss starts taking you off long-term projects and indefinitely reassigning them to non-pregnant coworkers, or if your boss changes his or her attitude toward you and starts writing you up only after learning you are expecting. 

If you notice these changes, talk to a Chicago pregnancy discrimination lawyer. 

Your employer may be responsible for pregnancy discrimination if the company is covered by applicable federal or Illinois law. The Pregnancy Discrimination Act applies to employers with 15 or more employees, while Illinois law may provide additional protections depending on the circumstances. 

It is illegal to fire someone for making a good-faith complaint about pregnancy discrimination. This could be retaliation, which is also illegal. Federal and Illinois anti-discrimination laws protect employees from retaliation for reporting discrimination or participating in a discrimination complaint or investigation.  

No, this is not legal. The Pregnancy Discrimination Act (PDA) protects employees from pregnancy discrimination in all aspects of employment, including promotions. Illinois law also prohibits discrimination based on pregnancy. If you find yourself in this situation, you should book a consultation as soon as possible to look into your pregnancy discrimination case. 

It may be. If your boss makes you take a leave of absence because you are pregnant and you are otherwise qualified to perform the essential functions of your job, with or without reasonable accommodation, that may violate your rights under federal or Illinois law. 

Not necessarily. There are at least two other kinds of laws that may apply: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under the FMLA, if you and your employer are covered by it, you may be entitled to up to 12 weeks of job-protected leave for qualifying reasons, including the birth of a child and care for a newborn. Your boss generally may not require you to return to work before your protected FMLA leave ends. You are covered by the FMLA if you worked for your employer for at least 12 months, worked at least 1,250 hours during the 12-month period before your leave, and your employer has at least 50 employees within a 75-mile radius. 

Illinois law may also provide additional protections related to pregnancy, childbirth, and pregnancy-related conditions. If you are unsure whether you are eligible for FMLA leave or what protections may apply to your situation, contact a Chicago pregnancy discrimination lawyer as soon as possible. 

It may not be. The Pregnancy Discrimination Act (PDA) protects employees from discrimination because of pregnancy, childbirth, or related medical conditions. Illinois law also provides protections against pregnancy discrimination. If your clients were reassigned because you were pregnant or took pregnancy-related leave, that could be a form of pregnancy discrimination. 

Yes, potentially. If you need an accommodation because of your pregnancy, your employer may be required to provide a reasonable accommodation under federal and Illinois law. The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. 

If you are unable to perform part of your job, such as heavy lifting, your employer may need to accommodate you rather than forcing you to take leave or removing you from your position. Illinois law also provides protections for pregnant employees who need reasonable accommodations at work.  

If your employer refuses to accommodate your pregnancy-related needs, or fires, demotes, or forces you to take leave because of your pregnancy, you should speak with a Chicago pregnancy discrimination lawyer about your rights. 

Take action! The sooner you address the situation, the better. You should consider speaking with a lawyer as soon as possible to understand your rights and options. 

You can also report discrimination internally by making a complaint to your manager or human resources, depending on your company’s policies and procedures. Keep records of relevant emails, messages, performance reviews, changes in your workload, and other communications related to the discrimination. If you believe you are experiencing pregnancy discrimination, contact a Chicago pregnancy discrimination lawyer to discuss your situation. 

Yes. Being fired because of your pregnancy may constitute pregnancy discrimination, and three weeks is generally well within the applicable filing deadlines. If you decide to pursue a claim, you may be able to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). In Illinois, you generally have up to 300 days from the date of the alleged discrimination to file a charge with the EEOC and up to two years to file a charge with the IDHR, although the deadlines that apply can depend on the circumstances. 

You should act as soon as possible. Speak up and use your voice! If you believe you were fired because you were pregnant, contact a Chicago pregnancy discrimination lawyer to discuss your options. 

What you can recover as damages from your pregnancy discrimination lawsuit depends on the circumstances of your case. 

There are several types of damages that victims may be able to recover: 

• Economic damages: Back pay and front pay for lost wages and benefits
• Compensatory damages: Compensation for emotional harm and mental anguish caused by the discrimination, as well as certain costs for therapy and other treatment 
• Punitive damages: Damages intended to punish an employer for particularly serious or reckless discrimination and deter similar conduct in the future 

Age discrimination is when an employer discriminates against an employee or potential employee because of their age. Under federal law, the Age Discrimination in Employment Act (ADEA) protects employees and applicants who are 40 years of age or older from age discrimination. The ADEA generally applies to employers with 20 or more employees. The Illinois Human Rights Act also prohibits age discrimination in employment and may provide additional protections. 

Age discrimination can occur in the hiring process or once an employee is officially employed. Discrimination based on age can occur in any aspect of the employment process, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other conditions of employment. 

It is also illegal to harass someone because of their age. Age-based harassment can include derogatory or offensive remarks about a person's age when the conduct is sufficiently severe or pervasive to create a hostile work environment. 

Yes, it might be. Age discrimination laws do not require that the person engaging in the discrimination be younger or older than the person experiencing it. Your boss could be older than you and still discriminate against you because of your age. 

Under the federal Age Discrimination in Employment Act (ADEA), employees who are 40 or older are protected from age discrimination. Illinois law may also provide additional protections. If you believe you are being treated differently because of your age, contact a Chicago age discrimination lawyer to discuss your situation. 

Not necessarily. While this may indicate potentially discriminatory behavior, it is not necessarily illegal, standing alone, for an employer to ask someone for their birth date or graduation date on an application. However, if the question is accompanied by other suspicious age-related behavior, you should contact a Chicago age discrimination lawyer to better understand your rights and options under the circumstances. 

Generally, no. The ADEA protects employees age 40 and older from age discrimination, including discrimination in the terms and conditions of employment based on age. For most employees, there is no mandatory retirement age under federal law. 

If your boss is pressuring you to retire because of your age, whether through subtle hints or outright encouragement, that conduct may be evidence of age discrimination depending on the circumstances. Whether and when you choose to retire is generally your decision. If you believe you are being pressured to retire because of your age, it is best to reach out to a Chicago age discrimination lawyer to discuss your situation. 

It may be. The ADEA generally prohibits employers from discriminating against employees who are 40 or older in employment opportunities, including training programs. An employer generally cannot exclude employees from training simply because of their age. 

If your employer has an age limit for a training program, the circumstances may indicate age discrimination. It is best to reach out to a Chicago age discrimination lawyer to discuss your situation and understand your rights. 

Call an employment attorney. You have the right to be free from retaliation for reporting age discrimination or filing a charge of discrimination. As a practical matter, there are steps you can take, with some guidance, to protect your rights without making your life more difficult. Every case is different and depends on the facts and people involved. 

Ultimately, you should get informed about your rights and then speak out. If you believe you are experiencing age discrimination or are concerned about retaliation, contact a Chicago age discrimination lawyer to discuss your situation. 

It may be. If you see a pattern of the company terminating employees over the age of 40, it could be evidence of age discrimination under the ADEA. If Exhibit A to your layoff notice or severance agreement shows that the company disproportionately terminated employees over 40, that may be evidence of age discrimination. 

If you are over 40 and more qualified than coworkers who were not affected by the layoff, that may also be evidence of age discrimination. Similarly, if your supervisor or the person who decided to include you in the layoff made age-related comments such as “dinosaurs,” “you can’t teach an old dog new tricks,” or “we need new blood,” those comments may be evidence of age discrimination. 

If you believe your layoff may have been related to your age, contact a Chicago age discrimination lawyer to discuss your situation. 

It might be. The replacement must be either under 40, or substantially younger than you are. You should gather all other information that suggests age discrimination. 

Take action! Age discrimination is wrong and illegal for a reason. Use your voice and do not let your employer get away with activity prohibited by law. Contact a Chicago age discrimination lawyer to learn what to do next. 

No. You have 180-300 days to file a claim with the TWC and the EEOC, respectively. So, get started as soon as possible.

Injury or disability discrimination is when your employer treats you less favorably because you have an injury or disability. That could mean that they’re refusing to accommodate your physical or mental condition; that they are harassing you because of it; or that they fired or demoted you, denied you a promotion, or reduced your hours or wages for no reason other than your disability or injury. 

In Illinois, as in the rest of the United States, disability discrimination is illegal under the Americans with Disabilities Act (ADA). The Illinois Human Rights Act also prohibits disability discrimination in employment and may provide additional protections. Workers who have been treated unfairly because of a disability or another medical condition may be able to file a claim seeking compensation. 

The Americans with Disabilities Act (ADA) is a federal law passed in 1990 to protect people with disabilities from discrimination in the workplace and in public spaces such as schools and transportation hubs. The ADA was amended in 2008 to make it more favorable to employees with disabilities. The law requires covered employers to provide reasonable accommodations for qualified employees with disabilities, such as medical leave, breaks for medical appointments and treatment, wheelchair ramps, reserved parking spaces, and modified bathrooms. 

Under the ADA, as well as the Illinois Human Rights Act, employers with 15 or more employees that fail to provide reasonable accommodations or otherwise discriminate against workers with disabilities may be held legally liable for these violations. If you think that your employer, or a loved one’s employer, may have violated the ADA, you should speak with a Chicago disability discrimination lawyer as soon as possible. 

According to the U.S. Equal Employment Opportunity Commission (EEOC), these organizations are subject to the conditions of the Americans with Disabilities Act: 

• Private employers with 15+ employees
• State and local governments 
• Employment agencies 
• Labor organizations 
• Labor-management committees 

If an employer falls into one of the categories above and discriminates against a disabled or injured worker, that worker may be able to take legal action. 

Though the EEOC does not have a set list of disabilities that meet the requirements of the ADA, it states that the impairment must be substantial, which it and courts define as significantly limiting a major life activity or bodily function, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working. 

Disabilities that would most likely meet this criterion include: 

• Anxiety disorder 
• Arthritis 
• Asthma 
• Autism 
• Bipolar disorder 
• Blindness 
• Cancer 
• Cerebral palsy (CP) or Erb’s palsy (EP) 
• Chronic migraines
• Crohn’s disease 
• Deafness 
• Diabetes 
• Epilepsy 
• Hepatitis 
• HIV/AIDS 
• Intellectual disabilities
• Kidney disease 
• Lyme disease 
• Major depressive disorder 
• Missing limbs 
• Multiple sclerosis (MS) 
• Muscular dystrophy 
• Obsessive-compulsive disorder (OCD) 
• Paralysis of the limbs (paraplegia or quadriplegia) 
• Post-traumatic stress disorder (PTSD) 
• Pregnancy-related conditions such as hyperemesis 
• Schizophrenia 
• Significant mobility impairments 
• Thyroid gland disorders

Conditions that are unlikely to meet the government’s definition of a significant impairment under the ADA include: 

• Common cold 
• Compulsive gambling 
• Flu 
• Kleptomania 
• Pyromania 
• Side effects from recreational drug use 
• Sprained joint (or another minor, soft-tissue injury) 

Disability discrimination can take many forms, but perhaps the most common type of ADA violation is the failure to accommodate an employee’s disability. Here are some examples: 

• Entrances/exits that aren’t wheelchair-accessible 
• Failure to provide additional training 
• Failure to provide medical leave sufficient for recovery after surgery 
• Failure to provide medical leave to recover from cancer treatment 
• Failure to provide medical leave for inpatient or certain outpatient mental health treatment 
• Failure to provide qualified readers or interpreters 
• Failure to provide remote work as a reasonable accommodation 
• Lack of reserved parking spaces for disabled drivers 
• Lack of wheelchair ramps or seating 
• Restroom facilities that aren’t wheelchair-accessible 
• Signage that doesn’t include braille for blind employees 
• Videos that don’t have closed captioning for deaf employees 

In addition to not providing the necessary accommodations for a disability or injury, the following types of actions could also constitute discrimination: 

• Demoting an employee because of their medical condition 
• Docking an employee’s pay or cutting their hours because of their disability 
• Harassing or mocking a disabled employee, and/or creating a hostile work environment 
• Wrongfully terminating someone’s employment as a result of their injury or disability, as opposed to their performance 

Potentially, yes. If your employer failed to accommodate your disability or injury, or harassed or penalized you for it, you may be entitled to compensation. Under the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act, it’s illegal to discriminate or retaliate against workers with disabilities. 

If you think you may have been discriminated against because of a medical condition or injury, contact a Chicago disability discrimination attorney to see if you may have a claim. 

Every case is different, with many factors that determine how much money you could be owed. That said, these are the most common types of damages you could recover through a disability discrimination lawsuit: 

• Lost Wages: Back pay owed if your hours or salary were reduced, or you were fired; 
• Pain & Suffering: Compensation for the emotional or psychological anguish experienced because of the discrimination; 
• Punitive Damages: Intended to discourage future discrimination by the employer; 
• Interest: Pre- and post-suit interest; and 
• Attorney’s Fees & Court Costs: The reasonable amount incurred in bringing a lawsuit. 

These damages may range from thousands to millions of dollars, depending on the length and extent of the discrimination, as well as its repercussions and the earning capacity of the disabled worker. A Chicago employment lawyer can help you determine if you qualify for compensation, and if so, how much you might be owed. 

Most disability discrimination matters are settled before becoming lawsuits, and even most lawsuits are settled out of court before going to trial, making for a quicker resolution.

Kaplan Law Firm is an employment law and civil rights firm founded by Austin Kaplan in Austin, Texas. Since 2015, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for discrimination, harassment, breach of contract, wage and hour violations, and whistleblower retaliation. 

We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN. 

Now serving clients in Chicago, our attorneys are committed to providing the same experienced, personalized representation to employees facing workplace discrimination and other employment law issues. 

Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.