![]() ![]() Your comprehensive COVID-19 legal resource If you have questions about right of conscience laws in your state or are facing a challenge to your work policies and procedures relating to COVID-19, contact Tom O’Day, Anne Mayette, Tom Shorter, Carrie Claiborne, Amanda Bogle or your Husch Blackwell attorney. Husch Blackwell attorneys have considered right of conscience laws across all 50 states and are available for discussions about such laws in specific states, including Illinois. ![]() The existence of and provisions of right of conscience laws vary across the states. Although the sponsors of the amendment characterize the amendment as a declaration of current law, employers should understand that rejection of conscience objections prior to Jcarries a risk of litigation. The legislature did not receive a three-fifths majority in both chambers to allow the amendment to be effective prior to June 1 of the following calendar year, as required by the state constitution for bills passed after May 31st. Individuals challenging policies requiring workers to be vaccinated or tested have filed lawsuits claiming infringement of their rights under the Act. During the pandemic, COVID-19 testing procedures and vaccinations have been developed to stop the transmission of the disease and to bring the pandemic to a close. ![]() In the past, the Act has been used to protect healthcare providers who refuse to perform, accommodate, or assist with medical procedures on moral or religious grounds. The amendment provides no specifics on what those measures should be, but in a final amendment by the House, the language regarding the right to enforce non-compliance with termination from employment and exclusion from school, a place of employment, or public or private premises was deleted. The amendment further authorizes covered entities to address non-compliance and enforce measures and requirements related to the prevention of infection and transmission of COVID-19. It is not a violation of this Act for any person, …agency.entity… or employer, to take any measures or impose any requirements, including, but not limited to, any measures or requirements that involve provision of services by a physician or healthcare personnel, intended to prevent contraction or transmission of COVID-19 or any pathogens that result in COVID-19 or any of its subsequent iterations. Violations related to COVID-19 requirements. The text of the amendment is limited to measures and requirements related to the prevention of COVID-19 transmission and infection: Governor Pritzker is expected to sign the bill, which would become effective on June 1, 2022.Īmendment to the Illinois Right of Conscience Act The bill, SB 1169, was narrowly passed by the Senate on October 28, 2021, the final day of the General Assembly’s fall session. On Wednesday, October 27, 2021, in a vote of 64-52 the Illinois House passed an amendment to the Illinois Health Care Right of Conscience Act (Act) that would allow employers to enforce work rules and policies relating to COVID-19 vaccinations and testing and prevent individuals from using the Act to challenge COVID-19 rules and policies. ![]()
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