by Meganne Trela Recently, aid from the federal American Rescue Plan Act was made available to certain Illinois cities, towns, and villages classified as “Non-Entitlement Units of Local Government” (“NEUs”). The Act, better known as the second COVID-19 stimulus package, became effective in March 2021. One of its marquee components was to provide monetary aid to some local governments across …

by Joseph Miller III and Hayley Loufek On August 6, 2021, Governor Pritzker signed into law the PFAS Reduction Act (Public Act 102-0290, formerly Senate Bill 561). The Act puts some restrictions on the use of Class B firefighting foam containing intentionally added “PFAS” (perfluoroalkyl or polyfluoroalkyl substances) for training and testing purposes. PFAS are a group of man-made chemicals …

by Carolyn Welch Clifford The consolidation of downstate police and fire pension fund investment assets continues in earnest. Recently, the Firefighter Pension Investment Fund of Illinois (“FPIF”) started the first wave of transfers from firefighters’ pension funds on October 1, 2021, despite pending litigation. Meanwhile, the Illinois Police Officer Pension Investment Fund (“IPOPIF”) continued to hire professional consultants and advisors …

by Maureen A. Lemon Ten years ago, Illinois was the first state to pass Erin’s Law. See 105 ILCS 5/10-23.13. The law is named after Erin Merryn, a child sexual abuse survivor, activist, and author whose life mission is to combat child sexual abuse. Erin grew up in the suburbs of Chicago, where her school taught about “Stranger Danger.” Yet, …

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 …

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 …

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 …

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, …

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 …

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 …