COVID-19 Vaccination Mandate Developments to Watch
The Workplace Report with Ancel Glink
by Michael Halpin
2y ago
As legal challenges continue to mount across the country against federal, state, and local mandates requiring certain employees and high education students to receive a COVID-19 vaccine and/or comply with testing requirements, notable legal cases have popped up that many local government employers should know. Below are two cases we recommend watching closely. Justice Sotomayor Denies Emergency Injunction Application The United States Supreme Court weighed in (or, in this case, refused to weigh in) on New York City Public School's vaccination mandate for teachers and staff. On Friday, Octobe ..read more
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Vaccination Mandate for Private Sector Employers with 100 Employees
The Workplace Report with Ancel Glink
by Michael Halpin
2y ago
Yesterday, President Joe Biden announced that employees working for private sector businesses with 100 or more employees must receive the COVID-19 vaccine. Under the "Path out of The Pandemic: President Biden's COVD-19 Action Plan", the Occupational Safety and Health Administration will issue an Emergency Temporary Standard (ETS) mandating covered employees to either receive a vaccination or submit to weekly testing. Under the new ETS, unvaccinated employees must produce a negative COVID-19 test at least once a week before returning to work. President Biden's new directive also calls for the ..read more
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Governor Updates Previous Face Covering and Vaccination Executive Order
The Workplace Report with Ancel Glink
by Michael Halpin
2y ago
The following is a re-post of an article from The Municipal Minute, an Ancel Glink local government blog edited by Julie Tappendorf ... It seems that almost as soon as we post something about new COVID-19 guidance, that guidance has changed. But, we did want to update you on a recent Executive Order issued by the Governor that extends the time-frame for the new vaccine mandates for certain Illinois workers, including healthcare workers, school personnel, and higher education personnel. In Executive Order 2021-22, the Governor updated EO 2021-20 which had set a dea ..read more
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New Masking Mandates and Vaccination Requirements for Illinois
The Workplace Report with Ancel Glink
by Michael Halpin
2y ago
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 ..read more
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Supreme Court Upholds Indiana University's COVID-19 Vaccination Mandate
The Workplace Report with Ancel Glink
by Rain Montero
2y ago
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 u ..read more
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Illinois Appellate Court Rules on Transgender Bathroom Policy
The Workplace Report with Ancel Glink
by Erin Monforti
2y ago
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 aga ..read more
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Workers’ Rights Constitutional Amendment to be on November 2022 Ballot
The Workplace Report with Ancel Glink
by Erin Monforti
2y ago
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 ..read more
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Illinois General Assembly Legislative Update
The Workplace Report with Ancel Glink
by Michael Halpin
2y ago
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 a ..read more
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“Long COVID” Patients May be Covered Under Federal Disability Law
The Workplace Report with Ancel Glink
by Erin Monforti
2y ago
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 ac ..read more
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Vaccinated People Are Told To Continue Wearing Masks Indoors, Including the Workplace
The Workplace Report with Ancel Glink
by Katherine Takiguchi
2y ago
With the COVID-19 pandemic still in full force, the U.S. Center for Disease Control and Prevention (CDC) has recently reversed its guidance on masks being worn in the workplace. As the Delta variant continues to spread and an increase in the number of new coronavirus cases are reported each day, the CDC announced that employers may want to reinstate a mask requirement within the workplace in areas with high or substantial COVID-19 transmission rates, which encompasses about 63% of U.S. counties. Back in May, the CDC stated that vaccinated people need not wear masks indoors or outdoors, based ..read more
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