Mayor Lightfoot Introduces COVID-19 Anti-Retaliation Ordinance To Protect Workers During Pandemic

Lori Lightfoot
Photo credit (WBBM Newsradio/Craig Dellimore)

CHICAGO (WBBM NEWSRADIO) -- Mayor Lightfoot introduced Thursday a "landmark" ordinance to protect workers from termination or demotion if they are unable to work due to a public health directive.

The proposed COVID-19 Anti-Retaliation Ordinance will ensure that all employees will be able to remain at home if they have COVID-19 symptoms or are subject to a quarantine isolation order, without fear of being fired. This legislation builds on Chicago's Paid Sick Leave Ordinance to give extra protections to essential workers during the pandemic.

"As I have made clear throughout this crisis, staying home means saving lives. An employee should never be in a position where they have to choose between staying home with COVID-19 symptoms or their job," Mayor Lightfoot said. "This ordinance guarantees that an employer cannot fire an employee for following the directions of public health officials." 

Under the COVID-19 Anti-Retaliation Ordinance, an employer cannot terminate or demote an employee for staying home from work due to a public health order issued by Mayor Lightfoot, Governor Pritzker, the Chicago Department of Public Health, or a healthcare provider. Under current public health orders, this includes anyone that is staying home because they:

  • are sick with symptoms of COVID-19
  • work at a business deemed non-essential by Governor Pritzker's stay-at-home order
  • have been ordered to quarantine or isolate due to exposure to someone with COVID-19

"To prevent the spread of COVID-19, employers and employees must all understand that individuals should prioritize their own health and the health of their fellow Chicagoans. No one should be forced to decide between observing a public health order or keeping their job, and this ordinance will ensure that no one will have to make that choice," said CDPH Commissioner Allison Arwady, MD, MPH.

Under the proposed ordinance, any individual who is fired or demoted for following one of these directives may submit a complaint to the Office of Labor Standards within the Department of Business Affairs and Consumer Protection. Violations of the ordinance can lead to fines of up to $1,000 per offense per day. Additionally, employees that are wrongfully terminated may file a civil lawsuit for up to three times the full amount of wages they would have been owed.

"It is unfortunate that this Ordinance is necessary, but I have already spoken to a number of constituents that have had to choose either their family's health or their job. I applaud the Mayor for standing up for our workers. No one should be fired for protecting their family," said Ald. Gil Villegas (36th Ward).

The COVID-19 Anti-Retaliation Ordinance would not penalize businesses that mistakenly, but in good faith, believe their conduct follows public health directions. If the business learns of a violation and cures it within 30 days, the business is not liable under the ordinance. While this ordinance leaves no room for bad actors to ignore expert advice and public health guidance, it makes sure that businesses reasonably attempting to follow the rules will not be liable, the Mayor's Office said. 

“We can’t lose sight of the essential workers that keep Chicago running – and this ordinance makes sure that they won’t be forced to choose between their job or their health. I am proud to stand with the Mayor, the City Council, and Chicago’s workers in supporting this ordinance,” said Ald. Scott Waguespack (32nd Ward).