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‘Conscience-ly’ uncoupling from employees: Health Care Right of Conscience Act updates

February 2022 employment law letter
Authors: 
Kelly Smith-Haley, Fox, Swibel, Levin & Carroll, LLP

The Illinois Health Care Right of Conscience Act (HCRCA) has received much attention since the COVID-19 pandemic started. Many employees initially argued the HCRCA protected them from employer vaccine and testing mandates. Governor JB Pritzker signed an amendment in 2021 clarifying employers can take workplace measures to prevent the spread of communicable diseases such as the coronavirus (but not until June 2022). In the meantime, employees continue to argue the Act protects them, leaving employers confused. Read on to learn about a recent Illinois trial court decision finding discrimination under the HCRCA (and showing what isn’t allowed) as well as a summary of the amendment to the Act (showing what is permitted).

Objection, objection

Sandra Rojas worked as a nurse for the Winnebago County Health Department. In 2014, she accepted a position with the department that required her to work in multiple departments including up to 50 percent of her time in women’s health services, which provided abortion and contraception services. She met with the public health administrator, Dr. Sandra Martell, to raise her moral objections to providing such services based on her Catholic religious beliefs.

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