The Illinois Human Rights Act (775 ILCS 5/) covers most employers in the state with 15 or more employees for disability-related accommodations, and one or more employees for pregnancy or childbirth-related accommodations. Key terms include “qualified individual with a disability," which refers to someone who meets job requirements and can perform essential functions with or without accommodation. Pregnancy is specifically protected, and reasonable accommodation extends to conditions arising from pregnancy, childbirth, or related medical conditions under Section 2-102(I) of the Act.
Under the Illinois Human Rights Act (775 ILCS 5/2-102), employers must provide reasonable accommodations to employees and applicants with disabilities or pregnancy-related needs, unless it would create an undue hardship. Types of permitted adjustments can include modified work schedules, unpaid leave, physical workspace adjustments, assistive technology, job restructuring, or more frequent breaks. The law prohibits forcing employees to take leave if another reasonable alternative can be provided, and requires that accommodations be tailored to individual needs whenever possible.
Reasonable accommodations in Illinois must be handled through an interactive process, which is an ongoing communication between employer and employee or applicant. While there is no strict timeline set by the statute, employers are expected to respond promptly and without unnecessary delay. Reasonable documentation may be requested to support the need for accommodation, but requests for medical information must be limited to verifying the disability and resulting limitations. Employers must not require more documentation than is necessary for the accommodation decision.
Employees or applicants who believe their accommodation rights were violated may file a charge of discrimination with the Illinois Department of Human Rights (IDHR). The complaint must generally be filed within 300 days of the alleged incident. If the IDHR finds substantial evidence of discrimination, remedies imposed can include back pay, reinstatement, orders to accommodate, and monetary damages for emotional harm. Civil penalties and attorney’s fees are also possible in certain cases. Employers may face public reporting of violations as an added reputational risk.
Managing accommodation requests under Illinois Human Rights Act (775 ILCS 5/) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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- Clearly communicate accommodation policies and designate a point of contact for requests.
- Document every step of the request and interactive process, including all communications.
- Respond promptly to requests and avoid unnecessary delays, as delayed responses can lead to complaints.
- Train managers and HR staff about Illinois-specific rules, including how pregnancy-accommodation obligations differ from federal law.
- Carefully consider what documentation is reasonable to request; avoid overreaching.
- Never retaliate against someone for requesting accommodation, participating in an investigation, or filing a complaint.
- Regularly review accommodation outcomes and look for workflow bottlenecks that could trigger compliance issues.
