Amendments to the Equal Pay Act (P.A. 102-0036)

by Michael Castaldo III 2021 has been quite the year for the Illinois Equal Pay Act (820 ILCS 112/1 et seq.). Generally speaking, the Act prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work, except if the wage difference is based upon a seniority system, a …

Illinois Department of Public Health Issues Emergency Rules Implementing Vaccination Mandate for EMS Personnel

by John E. Motylinski On September 24, 2021, the Illinois Department of Public Health (“IDPH”) issued emergency rules aimed at implementing Governor Pritzker’s vaccination mandate for EMS personnel. Largely, the rules are duplicative of the Governor’s September 3, 2021, order: Fire protection districts and municipalities must require their EMS personnel to be fully vaccinated against COVID-19 or to submit to …

New ISBE Emergency Rules Address Vaccinations and A New Executive Order Addresses School Exclusions Without an Isolation or Quarantine Order

By Maureen A. Lemon On Friday, September 17, 2021, the Illinois State Board of Education (ISBE) and Governor Pritzker each took emergency action to address several pandemic-related topics facing Illinois school districts. Late in the day, ISBE filed proposed Emergency Rules regarding Mandatory Vaccinations for School Personnel, https://www.isbe.net/Documents/18389_23-6RG-E.pdf. Later in the day, Governor Pritzker issued Executive Order 2021-24, https://coronavirus.illinois.gov/resources/executive-orders/display.executive-order-number-24.2021.html. requiring …

Mandatory COVID-19 Vaccinations for School Personnel Under Governor’s Executive Order

by Maureen A. Lemon On Thursday, August 26, 2021, Governor Pritzker issued Executive Order 2021-20 (COVID-19 Executive Order 87) mandating that all school district personnel are vaccinated against the virus. All school personnel are expected to have the first dose of a two-dose vaccine series or a single-dose COVID-19 vaccine by September 5, 2021 — 10 days after the Executive …

New Laws for the New School Year

By Maureen A. Lemon Welcome, August! While your focus continues to be on public health guidance to reopen schools in the fall, several recent pieces of legislation out of Springfield, Illinois, will also affect your upcoming school year. Below, we have summarized several bills that became law in July and are effective immediately. On September 14, 2021, we will review …

Selling Real Estate? Consider Deferring Your Gain Under Section 1031

by Craig D. Hasenbalg and Michael Castaldo III Whenever a taxpayer sells business or investment property at a price that is higher than the taxpayer’s basis in the property, capital gain tax must be paid on the difference. However, Section 1031 of the Internal Revenue Code (“IRC”) provides an exception to this rule and allows a taxpayer to postpone paying …

Is a Website a Place of Public Accommodation?

by Ericka J. Thomas The Americans with Disabilities Act (42 U.S.C.A. §§ 12101 et seq.) protects the rights of individuals with disabilities with respect to public accommodations and facilities. Title III of the ADA, which applies to places of public accommodation, prohibits discrimination against individuals “on the basis of disability in the full and equal enjoyment of the goods, services, …

Court Upholds Constitutionality of Term-Limits Provision

by James G. Wargo The Illinois Appellate Court recently upheld the constitutionality of the term-limits provision of the Illinois Municipal Code as applied to a 2016 referendum approved by the voters of the Village of Broadview, limiting the number of terms a person may serve as village president. In Buchanan v. Jones, 2012 IL App (1st) 210169, the court was …

New Conviction Record Law Provides More Due Process to School District Applicants

by Maureen A. Lemon Recent amendments to the Illinois Human Rights Act limit the ability of most Illinois employers to use an individual’s criminal conviction record as a disqualifying reason to deny employment to that applicant. As explained below, Illinois school districts may continue to deny employment to individuals who have been convicted of specific crimes. However, school districts must …