The Workplace Report with Ancel Glink

On Thursday, August 26, Governor J.B. Pritzker issued a press release detailing new masking mandates for indoor activities throughout the State of Illinois and vaccination requirements for healthcare and education employees and higher education students. In addition, Illinois Department of Public Health Director Dr. Ngozi Ezike noted that many COVID-19 hospitalizations, cases, and deaths have resulted from unvaccinated individuals. Below is a summary of the mitigation measures the State of Illinois will roll out to stop the spread of COVID-19. Masking Requirements Starting on Monday, August 30, all Illinois residents over two years old must wear a mask indoors. This requirement does not extend the wearing of masks outdoors, but it is advised that public members in large outdoor crowds wear a mask. This announcement applies to all members of the public—regardless of vaccination status. Employers can find guidance on face coverings in the workplace by visiting the IDPH website here . CO...

In another step to bringing clarity to mandatory COVID-19 vaccines, the Supreme Court recently refused to hear a challenge to Indiana University's student vaccination mandate. Justice Barret, who handles emergency appeals arising out of the United States Court of Appeals for the Seventh Circuit, which encompasses the state of Indiana, declined to hear the case without comment. The decision marks the first time that the Supreme Court has dealt with a case testing the legality of a COVID-19 vaccine mandate. Indiana University's policy requires all students to be vaccinated against COVID-19 unless they are exempt for medical or religious reasons. Exempt students must wear masks and be tested for the virus twice a week. Eight students sued the University, arguing that the policy violated their constitutional rights to "bodily integrity, autonomy and medical choice." In July, a federal District Court Judge rejected the students' claims, finding that the "balance...

Last year, we reported  on the Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia , in which the Court decided that the Title VII of the Civil Rights Act of 1964 prohibited employers from discharging employees based on their sexual orientation or gender identity. When Bostock was announced, legal scholars and practitioners alike struggled to predict the implications of the Court’s decision, especially in jurisdictions where civil rights protections based on sexual orientation and gender were not formerly developed. Illinois, however, adopted state-level protections against discrimination based on sexual orientation and gender identity in 2006 . The Illinois Human Rights Act (“Act”) was amended at that time to prohibit discrimination on the basis of sexual orientation, which was defined as a person’s “actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated s...

Amending the Illinois Constitution is no easy feat. Article XIV , entitled “Constitutional Revision,” provides the legal procedures for making changes to the supreme law of the State. These provisions require that a proposed amendment be placed on a ballot for Illinois voters and approved by either three-fifths of those who vote on the amendment or by a majority of those voting in the relevant election altogether to be adopted. The current Illinois Constitution was adopted in 1970 and has been amended 14 times —the last amendment passed in 2016. In late May, legislators took the first step in the amendment process: both chambers passed Senate Joint Resolution Constitutional Amendment 11 (“SLCRA 11”), which will appear on the ballot during the November 2022 election. If adopted by voters, this provision would amend the Illinois Bill of Rights to include a “Workers’ Rights Section” establishing the fundamental right of workers to organize and bargain collectively for their interests re...

With another legislative session in the books, the Illinois General Assembly (IGA) sent a litany of labor and employment-related bills to the Governor's desk. Below is a synopsis of all new updates, including bills awaiting Governor Pritzker's signature or that he already signed: Illinois Freedom to Work Act (IFWA) The Illinois General Assembly made a series of notable changes to the IFWA in S.B. 0672 that employers should know regarding restrictive covenants (non-compete agreements) in employment contracts: Non-compete agreements now include a salary threshold where an employee must earn at least $75,000 per year for an employer to enforce the agreement. The salary threshold for non-compete agreements increases to $80,000 per year by 2027, $85,000 per year by 2032, and $90,000 per year by 2037. Such agreements for employees terminated, furloughed, or laid off due to the COVID-19 pandemic are unenforceable unless compensation provided to the employee at the time of separation ...

On July 26, 2021, the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) released joint guidance for employers and employees regarding the long-term health effects of COVID-19 as it applies to federal disability law. In addition, the guidance provides clarification about which manifestations of COVID-19 may allow an employee to claim the protections under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehab Act). According to both agencies, patients experiencing “long COVID” may be covered under the ADA or Rehab Act based on an actual disability arising from their exposure to the virus. Long COVID cases have been observed in people whose symptoms persist beyond their infection period, ranging from lingering fatigue to severe organ damage. An “actual disability” under the law must substantially limit one or more of the “major life activities” of a person, which might include walking, standing, lifting, speaking, breathing, c...