Recent amendments to the Illinois Victim’s Economic Security and Safety Act (“VESSA”) went into effect on January 1, 2022. Under VESSA, employees who are victims of domestic violence, sexual violence, or gender violence (or whose family members or household members are victims of such violence) may take up to 12-weeks of leave to address issues related to the violence. The amendments change certain aspects of this right by expanding the definition of covered individuals and reasons for leave, modifying documentation requirements for leave, including a confidentiality provision, and expanding the non-discrimination provision of the Act. Covered Individuals and Reasons…
Author: Rafael Lazaro
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On October 28, 2021, the Illinois legislature amended the Illinois Health Care Right of Conscience Act (the “Act”) to limit challenges to an employer’s COVID-19 policies. The Act allows an employee to win up to three times his or her back pay where an employer discriminates against the individual for refusing to accept or participate in medical treatment. The recent amendment clarifies that the Act will not allow for recovery based on an employer’s actions taken to limit or prevent contraction of COVID-19. The Act protects a person’s conscientious refusal to receive, obtain, accept, or participate in any way in…
The COVID-19 pandemic has had a seismic impact on the labor market. Employers currently struggling with a labor shortage while also trying to navigate vaccination requirements could be exposed to liability if they prefer candidates that list their vaccination status on their resume. The practice of filtering applicants based on vaccination status may violate federal protections for people with disabilities or sincerely held religious beliefs. The American with Disabilities Act (“ADA”) and Title VII of the 1964 Civil Rights Act require that employers make accommodations for employees or applicants with disabilities or sincerely held religious beliefs. A blanket policy of…
The impact of the COVID-19 pandemic on both employers and employees has renewed the spotlight on non-compete agreements because of staffing shortages and an increasing number of employees changing careers. Effective January 1, 2022, employers in Illinois will need to comply with the Illinois Freedom to Work Act, which restricts the use of non-competes and other restrictive covenants in Illinois. Companies using these agreements should familiarize themselves with the Act or run the risk of being dragged into Court. The Act limits the use of non-competes in the following way: Prohibits the use of non-competes with employees earning $75,000 or…
The use of artificial intelligence in hiring, recruitment, resume screening, automated video interviews, and other employment decisions is on the rise despite its potential for discrimination. Employers who rely on this technology should be cautious of any potential tools that can result in a discriminatory impact lawsuit before these programs are rolled out. For example, this technology was thought to make hiring decisions more efficient by pre-screening candidates that do not meet the job qualifications. However, an artificial intelligence tool that screens resumes for immediate past experiences may lead to bias against women entering the workforce after raising children. This…
With the CDC easing masking requirements for the fully vaccinated, many employers are looking to bring employees back into the workplace in full force. But, with limited government guidance, many questions remain on how to return safely while protecting employee rights. 1. Can my employer require me to wear a mask, even if I’m fully vaccinated? Yes—while the CDC and the state have lessened masking restrictions for fully vaccinated individuals indoors, your employer has a right to require you to wear a mask while on their property, even if you’re fully vaccinated. 2. Can my employer require me to prove…
In 2016, the Illinois legislature enacted the Freedom to Work Act, which banned non-compete clauses in employment contracts with low-wage workers. This year, the legislature is considering several employee-friendly amendments to the act. Proposed changes include: Covenants not to compete would be unenforceable for employees earning less than $75,000 per year at the time the act takes effect. The earnings threshold increases over time. Covenants not to solicit would be unenforceable unless the employee’s actual or expected earnings exceed $45,000 per year.Covenants not to compete would be unenforceable against any employee who was terminated, furloughed, or laid off as the result…
According to a nationwide survey of over 3,000 people in the tech industry, the move to remote work has led to a dramatic increase in workplace harassment and hostility. The survey was performed by Project Include, a California based nonprofit that promotes diversity in the tech industry. Among those surveyed, women of color were among the most impacted by the increase in toxic behaviors. However, reports of harassment based on race, gender identity, and age all increased among several groups. Increased hours, fuzzier boundaries between work and home life, and lack of training regarding harassment in an online setting may…
The pandemic has had widespread and devastating effects on so many areas of society. Particularly, it has thrown light on the inequalities women face in the workplace today, including pay disparities. The Equal Pay Act (EPA), designed to combat pay inequality, was passed in 1963 but remains relevant today. The EPA requires that men and women in substantially similar roles be compensated equally—this includes rate of pay, bonuses, vacation, overtime or any other kind of benefit. Further, the Act defines substantially similar jobs based on duties alone, so it isn’t necessary to show you have the same job title as…
Everyone knows they need to nail the interview to get the job, but what about when the employer messes up? Here are a few topics employers should keep off the table at the next interview: Are you married? The Illinois Human Rights Act makes it illegal for employers to question an applicant about marital status. What did they pay you at your last job? In Illinois, it is illegal for employers to ask about an applicant’s compensation history, but it is legal to discuss the applicant’s expectations for pay. Have you ever been arrested? Illinois’ Ban the Box law makes…
