Weighing Conviction History in Illinois Employment Decisions

by Christine Self Amendments to the Illinois Human Rights Act (“IHRA”) that took effect March 23, 2021, make it a civil rights violation for an employer to use an individual’s conviction record “as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment unless:  (1) there is a substantial relationship between one or more of

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Missouri Governor Signs COVID-19 Liability Bill

by Jenna Lakamp On July 7, 2021, Missouri’s Governor Parson signed into law a bill limiting civil lawsuits that can be brought against Missouri business, religious organizations, and health care providers.  SB51 was passed by the Legislature on May 25, 2021, with support from Governor Parson. The law states that no individual or entity will be liable for any COVID-19 exposure, unless the individual can prove they were exposed and suffered illness by “clear and convincing evidence.”   In order to

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United States Supreme Court Holds Discipline for Off-Campus Speech Violated First Amendment

by Kylie Piatt In an 8-1 decision issued on June 23, 2021, the United States Supreme Court upheld a student’s First Amendment right to free speech related to comments made via social media while off-campus. In Mahanoy Area School District v. B.L., B.L. was a rising sophomore high school student at Mahanoy Area High School, who tried out for but did not make the school’s varsity cheerleading squad.  Concurrently, B.L. had tried out for a certain position on her private

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U.S. Dept. of Ed. Says Title IX Protects Students from Sexual Orientation and Gender Identity Discrimination

by Jenna Lakamp On June 16, 2021, the United States Department of Education (the “Department”) issued a Notice of Interpretation (the “Notice”) confirming that Title IX’s prohibition of sex-based discrimination includes discrimination based on students’ sexual orientation and gender identity.  This interpretation of Title IX stems from the Supreme Court decision, Bostock v. Clayton County, 590 U.S. __ , 140 S. Ct. 1731; 207 L. Ed. 2d 218; 2020 WL 3146686; 2020 U.S. LEXIS 3252 (2020), which was issued on

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EEOC Updates and Expands Guidance on COVID-19 Vaccines

by Mandi Moutray On May 28, 2021, the Equal Opportunity Employment Commission (“EEOC”) updated and expanded its guidance regarding the COVID-19 pandemic, and specifically addressed questions relating to COVID-19 vaccinations. The full guidance can be found in the EEOC publication,  What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The updated guidance confirms that federal EEO laws do not prohibit employers from mandating vaccination for all employees physically entering the

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OSHA Requires Reporting Adverse Vaccine Reactions

by Christine Self As COVID-19 vaccines become wore widely available and workplaces return to more in-person, pre-pandemic environments, numerous questions have arisen about employer requirements related to vaccines. The Occupational Safety and Health Administration (“OSHA”) recently addressed one issue, whether employers must record/report adverse COVID-19 vaccine reactions, through FAQs it released on April 20, 2021. Generally, employers are required to record “reportable injuries and illnesses that occur in the workplace” on the OSHA 300 log and many employers questioned whether

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Presidential Proclamation Restricts Travelers From India

On April 30, 2021, President Biden issued a Presidential Proclamation imposing a COVID-19 public health travel ban on foreign nationals with recent physical presence in India. This same type of travel ban is also already in effect for other countries experiencing high levels of COVID-19 infections, including Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. Starting on May 4, 2021, foreign nationals who have been physically present in India within 14 days

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EEOC Adopts Amended Guidance Regarding Religious Discrimination, Adding Substantially to its Policy Regarding Accommodating Religious Practice

by Jim Layton We previously noted that the Equal Employment Opportunity Commission (EEOC) proposed a substantial revision of Section 12: Religious Discrimination in the EEOC Compliance Manual (“Religious Discrimination Manual”). On January 15, 2021, the EEOC adopted a slightly revised version of the proposed Manual-again, in a 3-2 vote. The final version is available here. The “major comments” made on the proposed revision are summarized in an addendum included with that final version. The new Religious

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Missouri Supreme Court Updates Civil Discovery Rules

by Veronica Potter On March 2, 2021, the Missouri Supreme Court released an order (Order) amending the Missouri Rules of Civil Procedure (Rules) to enact new discovery provisions. The Missouri legislature previously passed a law in 2019 that amended the discovery Rules in order to bring them more in line with the Federal Rules. Senate Bill 224 (SB 224) was signed by Governor Parsons on July 10, 2019 and took effect on August 28,

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President Biden Reinstates COVID-19 Travel Restrictions

by Kristine Nazir On January 25, 2021, President Biden issued a Presidential Proclamation reinstating COVID-19 travel restrictions. The Proclamation bars the entry of non-US citizens who were physically present within the United Kingdom, Ireland, Brazil, South Africa, and 26 countries in Europe, called the Schengen Area, during the 14-day period preceding their entry or attempted entry into the United States. The Proclamation provides exemptions for family members of U.S. citizens, those traveling with nonimmigrant visas, and individuals invited by the

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