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Pregnancy and Parental Rights
Illinois law protects you from discrimination based on pregnancy, childbirth, and pregnancy-related conditions. Whether you are currently pregnant, planning to become pregnant, recovering from childbirth, breastfeeding, or making decisions about reproductive healthcare, you have the right to equal treatment.
What you will find here:
Examples of discrimination, where you are protected, how to file a charge, and what accommodations you can request.
⏱ Reading time: 10 minutes
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Table of contents
Learn What Discrimination Looks Like
Examples of pregnancy and reproductive healthcare discrimination
Do You Want to File a Charge?
Find out how to file and what to expect.
What the Law Covers
Know your protections at work, in housing, healthcare, and schools
Your Rights Under Illinois Law
Reproductive Health Act and key pregnancy protections
Notice Requirements for Employers
Understand our limits so you know what to expect.
What IDHR Cannot Do
Learn our limits so you can find the right help.
Learn What Discrimination Looks Like
Illinois law makes it illegal to discriminate against you because of pregnancy, childbirth, or related conditions. The law also protects your right to make reproductive healthcare decisions.
Protected Characteristics Include
- Current pregnancy
- Past pregnancy
- Potential or intended pregnancy (including fertility treatments, contraception, or abortion)
- Medical or common conditions related to pregnancy or childbirth (including gestational diabetes, postpartum depression, miscarriage, lactation, breastfeeding)
- Pregnancy-related conditions that may be a disability
Note:
Illinois law protects the choice to have an abortion and treats abortion the same as other healthcare. You are entitled to make reproductive health decisions free from discrimination.
Discrimination examples
Discrimination can happen in ways that are obvious or hidden. These real examples can help you tell when your rights have been violated.
At Work:
An employer denies your request for medical time off for fertility treatments while permitting others to take time off for dental appointments.
Workplace harassment:
Coworkers make comments about your body or question your commitment to the job after you disclose your pregnancy.
In Healthcare:
A hospital refuses to schedule an appointment because you had an abortion, or staff repeatedly disrespect your gender identity during pregnancy care.
In Schools:
A school refuses to enroll a pregnant student or threatens truancy charges when you request accommodations for medical appointments.
In Public Spaces:
A restaurant prohibits staff from serving pregnant patrons certain foods, or a manager asks you to leave for breastfeeding.
In Housing:
A landlord declines your rental application after learning you are pregnant, or you are denied a mortgage because you are on parental leave.
Do You Want to File a Charge?
If you have faced discrimination based on your pregnancy, childbirth, or related conditions, here is what you should know.
Before you file:
- You must file within a specific timeframe
- You can usually file against both the individual harasser and the employer or institution
- Filing is free
- You do not need a lawyer
What happens when you file:
We review your claim to see if it falls under the Illinois Human Rights Act
If accepted, we investigate by gathering information from all parties
We may attempt to resolve the matter through mediation or settlement
If not resolved, your case may proceed to a hearing
We will draft a charge for your signature if:
- Your allegations are covered under the Act
- We have jurisdiction over the employer
- You file within the required timeframe
Retaliation is Illegal
It is unlawful to retaliate against or intimidate any person for:
- Reporting discrimination
- Participating in an investigation through IDHR
- Reporting discriminatory practices to a housing provider or other authority
If you believe you have experienced retaliation, contact IDHR immediately to file a claim.
What the Law Covers
Under Illinois law, employers, landlords, lenders, businesses, healthcare providers, and schools cannot treat you unlawfully because of pregnancy, childbirth, or related conditions.
Employment
The law covers: Workplaces with one or more employees for sexual harassment and pregnancy cases, otherwise 15 or more employees
And protects your from discrimination in: Hiring, firing, pay, job assignments, promotions, and other terms of employment. You have the right to reasonable accommodations and a workplace free from harassment.
Housing
The law covers: Landlords, property managers, sellers, and lending institutions
And protects your from discrimination in: Renting, buying, or seeking financing. This includes refusing to rent or sell, offering unequal terms, or discriminating based on familial status (having children under 18).
Financial Credit
The law covers: Banks and other lenders
And protects your from discrimination in: Applications for mortgages, loans, or financial services. Lenders cannot deny mortgages solely because you are pregnant or on pregnancy-related leave if you intend to return to work.
Public Accommodations
The law covers: Healthcare facilities, schools, day cares, public officials, service establishments, retail stores, lodgings, restaurants, entertainment venues
And protects your from discrimination in: Denying equal access or treating you differently because of pregnancy, childbirth, breastfeeding, or reproductive healthcare decisions.
Your Rights Under Illinois Law
The Illinois Human Rights Act provides broad civil rights protections. The Act defines pregnancy to include pregnancy, childbirth, and medical or common conditions relating to pregnancy or childbirth.
Following the U.S. Supreme Court's Dobbs decision, many states have rolled back reproductive freedom. In contrast, Illinois law protects the choice to have an abortion and treats abortion the same as other healthcare.
The Reproductive Health Act prohibits government officials in Illinois from denying, interfering with, or discriminating against a person's fundamental right to make reproductive care decisions, including decisions about birth control, pregnancy management, and giving birth.
Key Protections
Employment: Protections extend beyond actual pregnancy to cover employees with capacity to become pregnant. Employers cannot discriminate based on potential future pregnancy or reproductive healthcare decisions (contraception, fertility treatments, abortion). Employers must provide reasonable accommodations for pregnancy-related conditions and cannot tolerate harassment.
Public Accommodations: Businesses cannot deny full and equal enjoyment of facilities, goods, or services because of pregnancy, breastfeeding, or reproductive decisions. They must make accommodations when failing to do so would deprive equal enjoyment.
Housing: Protection from discrimination in renting, buying, and financing. Also protects against familial status discrimination (having children under 18). Landlords must provide reasonable accommodations for pregnancy-related conditions that rise to the level of a disability.
Notice Requirements for Employers
All employers in Illinois must inform workers about pregnancy rights by:
Posting a notice in a conspicuous location
Including information in employee handbooks
Notices and fact sheets are available in English and Spanish on the IDHR website.
Employers should:
Stay up to date on laws
Develop training materials on harassment and discrimination related to pregnancy and reproductive decisions
Regularly review and update policies
Respond to employee complaints and take corrective action
What IDHR Cannot Do
We want to be clear about what falls outside our jurisdiction so you can find the right help.
Federal government employment – Federal employees must contact the appropriate federal civil rights office (EEOC).
General workplace or housing disputes – Complaints not based on pregnancy discrimination.
Medical malpractice – Requires a medical malpractice attorney.
Individual legal advice – The Attorney General's Office and IDHR do not represent individuals. Options to report to both offices are not mutually exclusive.
Matters outside Illinois – IDHR enforces Illinois law.
Cases outside our legal authority – If we cannot investigate your situation, that does not mean what happened was okay. It means your case may fall under a different law or agency. We will do our best to point you in the right direction.
Guidance & Publications
- Pregnancy Rights in Illinois
A Non-Regulatory Guidance on Illinois Protections Against Discrimination Based on Pregnancy, Childbirth, and Related Conditions, Including Reproductive Decision-Making - Pregnancy and Your Rights in the Workplace
Required workplace posting (English and Spanish)
Related Topics
Employment
Protections against unfair treatment in hiring, firing, harassment, accommodations, retaliation, and other workplace decisions.
Sexual Harassment
Guidance on recognizing, preventing, and reporting unwelcome conduct or hostile treatment in work or public settings.