Illinois lawmakers debate rights for pregnant workers
SPRINGFIELD — State lawmakers are wrangling over whether pregnant women should get more workplace protection in Illinois.
Legislation sponsored by Sen. Terry Link, a Waukegan Democrat, would make it a civil rights violation for an employer to refuse to hire, promote or renew employment based on pregnancy. The employer would not be allowed to segregate, punish or discharge an employee on that basis either.
The Illinois Senate approved the legislation last week, and it now moves to the House.
Link said he heard about multiple cases of discrimination toward women who were entering or coming back from maternity leave, and he wanted to strengthen the state law to federal standards.
“I just wanted these employers to know this is not just a rule, it's law and maybe they'll get the hint they can't do this kind of stuff to these women,” Link said.
But in a state where Republicans argue the business climate is already among the worst in the nation, the proposed law could add more potential for unwarranted court battles for businesses.
Sen. Chris Lauzen, an Aurora Republican, said he fully supports women's rights, but Link's proposal opens too many possibilities for false claims of discrimination. Lauzen said an employer who chooses a more qualified candidate over a less qualified pregnant woman could be unfairly sued under Link's proposal.
“When I hear pieces of legislation like this, I put myself back in the desk in my office interviewing people,” Lauzen said. “And I say I am sure, I'm positive, I would not offer a job under these circumstances because I will not take the risk of someone suing me.”
Link said he is tired of the legislature's focus being on businesses, saying it is important to protect the employees as well.
Some detractors support Link's concept in general, but believe it will hurt small businesses.
Sen. Pam Althoff, a McHenry Republican, said she believes federal laws offer sufficient protection for pregnant women and small businesses would be vulnerable under Link's proposal.
She said she could support the measure if it exempted companies that employ up to 25 workers.
“At a time when everyone during the elections was running on jobs, jobs, jobs, this is another mandate on small businesses,” she said. “It would really be onerous to small businesses ... but we're working on an amendment that would exempt those.”
The legislation narrowly was approved in the Senate by a 32-21 vote. Rep. Jack Franks, a Marengo Democrat, is signed up to sponsor the legislation in the House.