Illinois clarifies state law doesn’t bar employer vaccine mandates

Illinois has enacted legislation (Senate Bill 1169) that clarifies that the state’s Health Care Right of Conscience Act (HCRCA) doesn’t prohibit employers from requiring COVID-19 vaccination and/or testing. Senate Bill 1169 takes effect June 1, 2022.

Background:

Enacted decades ago, the state’s HCRCA generally prohibits discrimination against individuals because of their refusal to perform or receive healthcare services that are contrary to their conscience. Some employees were citing the law when objecting to employer COVID-19 requirements.

Senate Bill 1169:

Senate Bill 1169 amends the HCRCA to make clear that the law doesn’t prohibit employers from taking any measures or imposing any requirements, including but not limited to, any measures or requirements that involve provision of services by a physician or health care personnel, that are intended to prevent contraction or transmission of COVID-19.

Compliance Recommendations:

Illinois employers should consult legal counsel to discuss the impact of Senate Bill 1169 on their vaccination policies and practices. Please contact your dedicated service professional with any questions.