CROWN Act: Stay Out of Your Employees’ Hair

by Joseph S. Davidson On July 1, 2022, Illinois Governor J.B. Pritzker signed Public Act 1102, which is commonly known as the Create a Respectful and Open Workplace for Natural Hair (“CROWN”) Act. This new legislation amends the Illinois Human Rights Act (“IHRA”) to expand discrimination prohibitions on “traits associated with race, including but not limited to, hair texture and …

The Illinois Workers’ Rights Constitutional Amendment: An Overview

by Erin Kiernat Receiving a little more than 58% of the votes cast at the November 2022 general election, Illinois voters approved an amendment to the Illinois Constitution known as the Workers’ Rights Amendment. The Amendment holds that: Employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of …

Can an Employee Who Resigns Demand a Due Process Hearing Afterwards? Illinois Appellate Courts: “No”

by Joe Miller and Hayley Loufek The United States Constitution requires a government to give a soon-to-be-ex-employee notice of their impending termination and a hearing beforehand. But what happens if the employee resigns instead? An Illinois Appellate Court recently made clear that such an employee cannot sue alleging that their due process rights were violated. In McElroy v. Oswego Fire …

Vaccination Mandate Lawsuit Takes a Shot

by W. Anthony Andrews Recently, the Seventh Circuit Court of Appeals injected new life into Governor Pritzker’s COVID-19 vaccination mandates in ruling on three consolidated cases. Indeed, with its ruling in Troogstad v. City of Chicago, the Seventh Circuit has signaled COVID-19 vaccination challenges are either moot or substantively meritless. Each of the three cases share a similar fact pattern. …

New Food Service Contracting Option Available to Schools

by Maureen A. Lemon Historically, school districts have had to bid out food service contracts thanks to State bidding laws. However, Public Act 102-1101 recently amended the Illinois School Code’s bidding statute (105 ILCS 5/10-20.21) to exempt food service contracts from being automatically awarded to the lowest responsible bidder if certain conditions are met. The result is that, beginning June …

A Potpourri of New Laws

by John E. Motylinski In 2022, both chambers of the Illinois General Assembly approved 410 bills for signature into law. The majority of these do not impact local governments, but here is a roundup of a few new laws that do. New Committees for Studying Efficiency: In June 2022, Governor Pritzker signed the “Decennial Committees on Local Government Efficiency Act,” …

Does Your Insurance Policy Cover Lost Income Due to COVID?

by Megan Lamb As COVID loosens its grip on society and the nation moves on to a new normal, courts have begun to grapple with lingering questions surrounding pandemic-related losses and liability. During the height of the pandemic, Governor Pritzker’s Executive Orders mandating mass closure of non-essential businesses meant a loss of income and stability for countless business owners. While …

Briefing Complete in Pension Consolidation Appeal

by Carolyn Welch Clifford In the ongoing battle over the constitutionality of the consolidation of Article 3 and 4 pension fund assets, the parties have filed their briefs with the Second District Appellate Court. Background The lawsuit challenges the constitutionality of P.A. 101-0610 (the “Consolidation Act”), which transferred investment functions of over 650 downstate police and firefighter pension funds to …

Illinois Appellate Court Finds that Municipalities Lack Jurisdiction to Enforce Offenses that Govern the Movement of Vehicles

On November 15, 2022, the Illinois Appellate Court for the Third Judicial District issued a decision in Robert Cammacho Jr., et al. v. City of Joliet, 2022 IL App (3d) 210591-U, and ruled that the City of Joliet lacked jurisdiction to enforce overweight vehicle ordinance through administrative adjudication. Background The City enacted Ordinance 19-21, which provides: “[u]nless authorized in this …

Governor Issues Executive Order Removing EMS Personnel from Vaccination and Testing Mandate

By James G. Wargo and Bradley Michalowski On July 12, 2022, Governor Pritzker issued Executive Order 2022-16, which removes EMS personnel from the Governor’s previously issued COVID-19 vaccination and testing mandate issued on September 3, 2021. This most recent executive order re-issued and modifies Executive Orders 2020-12 (issued March 24, 2020) and 2021-22 (issued September 3, 2021) and became effective …