As of January 1, 2025, Illinois now protects employees who provide family care from discrimination in the workplace. The law means that employees who have “family responsibilities” cannot be discriminated against because of said responsibilities. The law defines family responsibilities as “an employee’s actual or perceived provision of personal care to a family member.” Covered family members include an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Examples of “personal care” could include, but is not limited to, taking a family member to the doctor, supporting their medical, hygiene, nutritional, or safety needs, and providing support to a family member suffering from a serious health condition.

This means that employees with family responsibilities are now protected from discrimination, harassment, and protection from retaliation if they allege discrimination on the basis of family responsibilities. 

The attorneys are Kennedy Hunt P.C. are experts in employment rights. You can read about the employment law cases we take on here. If you or someone you know has had their disability rights violated, the skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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Am I required to self-report COVID-19 exposure, symptoms, or diagnosis? 

This depends on ever-changing CDC and state and local guidance. It is likely that an employer can require you to report your COVID-19 status, but cannot share your health information with others. 

Can my employer require me to not come into the workplace due to COVID-19? 

If you are experiencing COVID-19 symptoms or have a diagnosis, an employer can require you not to come into the workplace and request that you follow CDC guidance on quarantining. 

If I have to stay home because of COVID-19, will my employer still pay me? 

The Families First Coronavirus Response Act, which required certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, expired on December 31, 2020. With that, employers are no longer required to provide employees with FFCRA leave, though they may do so voluntarily.

I don’t have COVID-19, but I am caring for someone who does and cannot go to work. What sick leave benefits am I entitled to? 

Under the Families First Coronavirus Response Act, certain employers were required to provide expanded family and medical leave for specified reasons related to COVID-19. But the FFCRA expired at the end of 2020. Currently, employees are not entitled to any specified sick leave benefits related to COVID-19.  

Is my employer required to tell me if I have been exposed to COVID-19 at the workplace? 

Your employer should inform you if you have been exposed to COVID-19, but should not reveal others’ personal health information. 

If I feel like I’m in an unsafe position at work, what can I do? 

Under OSHA guidance, you should bring the unsafe condition(s) to the attention of your employer. Additionally, OSHA provides information on workplace standards related to COVID-19 and has an online portal to file safety and health complaints. 

What can I do if I speak out about my working conditions and my employer cuts my hours or terminates my employment? 

There are various laws and authorities that protect whistleblowers from retaliation, including OSHA and the National Labor Relations Act. If you believe you have unfairly experienced workplace retaliation Fill out our employment questionnaire  

If the business I work at is ordered closed, can my employer lay me off, put me on furlough, or terminate my employment? 

Unfortunately, yes. 

Am I eligible for COVID-19 unemployment benefits? How do I get them? 

• The Missouri Department of Labor outlines who is eligible for COVID-19 unemployment benefits and how to file for them. 
• In Illinois, the Department of Employment Security accepts unemployment claims here. The state also has a Pandemic Unemployment Assistance program for those denied of the state’s unemployment benefits. 

How much are unemployment benefits? 

Unemployment benefits vary state-by-state. 

• In early January 2021, both the Missouri Department of Labor and the Illinois Department of Employment Security began processing $300 Federal Pandemic Unemployment Compensation supplements. 
• In Missouri, weekly unemployment benefits can be up to $320. 
• In Illinois, weekly unemployment benefits can be up to $484. 

How long can I receive unemployment benefits? 

• In Missouri, unemployed workers can receive unemployment benefits for up to 33 weeks. For additional information about unemployment, visit Missouri Department of Labor’s FAQs. 
• In Illinois, unemployed workers can receive unemployment benefits for up to 39 weeks. More information about COVID-19 related unemployment issues can be found at Illinois Department of Employment Security FAQs. 

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On May 28, the EEOC issued updated guidance detailing that employers are indeed permitted to require workers to get the COVID-19 vaccine. Building off of previous guidance released in December, the EEOC now explains how employers should implement vaccine mandates, confirm employees’ vaccination, and set up vaccine clinics at the workplace. 

Though employers can mandate vaccinations for employees, there are exceptions, including disability and religious protections. But the employer may not inquire about an employee’s disability status as part of COVID-19 screening. And all medical information collected must remain confidential. 

Due to a disability, an employee may not receive the COVID-19 vaccine. According to the Americans with Disabilities Act, an employer must first determine if an unvaccinated employee poses a “direct threat” to other employees. If a “direct threat” status is determined, an employer must seek out reasonable accommodations that can be provided for an unvaccinated employee, such as enforcing mask wearing and social distancing in the workplace. If such reasonable accommodations are not possible, then an employer must consider other avenues, such as allowing an employee to work from home, unless doing so would pose an unreasonable burden on the employer. 

Title VII of the Civil Rights Act of 1964 protects employees from mandatory vaccination due to religious beliefs. Similarly to disability exemptions, an employer would be expected to provide reasonable accommodations for an unvaccinated employee claiming religious beliefs prevent them from getting inoculated. The EEOC advises employers to believe employees claiming religious exemption. But, an employer can request information to support the claim if said employer has an “objective basis” that leads them to believe an employee is not telling the truth about their religious exemption.  

Regardless of the reason why an employee is requesting exemption, the EEOC says the employer should rely on the most up-to-date medical information and rates of infection before determining the “direct threat” they pose in the workplace. Importantly, the EEOC recommends employers consider “all the options” before denying an employee’s request for accommodation. 

Additionally, employers are now advised to provide accommodations to fully-vaccinated employees requesting accommodations due to vulnerabilities, such as being immunocompromised. 

The coronavirus pandemic, and its impact on employees, is complicated and ever changing. For more information about employment concerns related to COVID-19, visit our FAQs page. 

If you or someone you know has been a victim of COVID-19 employment issues, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.

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On her very first day as a dispatcher for the Murphysboro Police Department and throughout her entire employment, our client was subjected to unwanted sexual comments by Mr. Johnson and Mr. Roberts. Things worsened when our client disclosed to the Police Department she had an ADHD diagnosis, a qualifying disability under the Americans with Disabilities Act. Mr. Johnson refused to continue training our client and began calling her cruel and demeaning names because of her diagnosis. Our client reported the harassment at the end of December 2016.  She was terminated approximately two weeks later.

By subjecting our client to such a hostile work environment, the City of Murphysboro violated Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Illinois Human Rights Act and the Fourteenth Amendment of the United States Constitution. The City was aware of the actions of Mr. Johnson and Mr. Roberts but did nothing to remedy their ongoing misconduct. Instead, the City terminated our client in retaliation for her complains, which is also against the law. Our client is seeking damages including lost wages and benefits, front wages, emotional distress damages, compensatory damages, punitive damages, pre- and post-judgment interest, and attorney’s fees and costs.

WPSD, the Southern Illinoisan and Belleville News Democrat recently published articles on the lawsuit. For further information, please contact attorney Sarah Jane Hunt at 314-880-4463 or sarahjane@tkennedylaw.com.

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