5-29-2023; Gender-Based Violence Will Soon Be a Challenge for All IL Employers; Struggling to make sense of what is called "Long Covid;" Happy Memorial Day and more

Synopsis: Gender-Based Violence Protections Expanded and May Now Bring the Focus of New IGVA Claims on IL Employers.

Editor’s comment: As I have advised my readers for some time, Illinois is a One-Party State and will remain so for a generation or more. This concept means the IL business community has little say on what is being done in the IL legislature and administrative agencies. Our goal is sending this to you is to insure you are aware of and prepared for these new amendments. I also want our readers to understand the importance of stopping/ending gender-based violence whenever and wherever possible.

The Gender Violence Act was first started in Illinois in 2003. The Act was focused on protecting people in intimate situations when violence became part of the relationship for whatever reason. What has just changed and what is important to Illinois business and local communities is when/how IL and U.S. employers with Illinois operations might get pulled into these challenging situations.

These recent changes have been passed by both houses of the IL General Assembly and Governor Pritzker is expected to sign off on the amendments shortly. The aim of the new amendments are to enhance protections for employees who have experienced gender-based violence, ensuring a safe and friendly work environment.

The Amendments also mean a “deep pocket” is being brought into this malaise of litigation. When two simple folks might bring IGVA claims against one another, it would be pricey to start and maintain the litigation.

When all IL employers are now part of the matrix, they have money to pay judgments, encouraging more attorney involvement and expensive, protracted claims. We are not sure how the insurance companies are going to handle IGVA coverage, as some of the asserted gender violence actions have to be arguably intentional and to some extent uninsurable. I am also confident an IGVA claim brought against a small business could easily bankrupt a company due to the high costs.

1.     Expanded Definitions

The revised IGVA broadens the scope of what constitutes gender-based violence. It now includes not only physical acts but also psychological, emotional, and economic abuse. I assure you this will mean the cost of prosecuting or defending such claims is going to be moderately to very expensive, as psych experts are very, very pricey.

This expansion recognizes that gender violence can take many forms and ensures that victims are “protected” regardless of the type of abuse they have arguably endured.

2.     Protections for All Employees, including Those Working in Small Businesses.

Previously, the IGVA only applied to employees who worked for an employer with 15 or more employees. However, the recent changes eliminated this threshold, extending protections to all Illinois workers, regardless of the size of the employer. This means that even those working for small businesses can seek redress under the IGVA if they experience gender-based violence. It also means if you have a “mom and pop” shop, Mom and Pop can bring claims against each other.

3.     Reasonable Accommodations

One of the significant additions to the IGVA is the requirement for employers to provide “reasonable accommodations” to employees who are victims of gender-based violence.

Reasonable accommodations may include changes to work schedules, relocation of the employee’s workspace, or implementing additional security measures.

These accommodations aim to ensure that employees can continue their work without fear of retaliation or further harm.

Please also note this concept is going to be truly challenging for a small company where it could be difficult, if not impossible to change work schedules or relocate work spaces.

4.     Confidentiality and Privacy

To protect the privacy and confidentiality of victims, the IGVA now prohibits employers from disclosing information related to an employee’s status as a victim of gender-based violence, unless required by law or with the employee’s consent.

This provision is designed to encourage victims to come forward and seek help without the fear of their private information being exposed.

From the employer’s perspective, all information on gender-based violence has to be kept secret and provided to managers/supervisors on a “need to know” basis.

5.     Training and Awareness

The amendments to the IGVA emphasize the importance of education and awareness in preventing and addressing gender-based violence in the workplace.

IL Employers are now required to provide training to their employees on recognizing and responding to gender-based violence.

By fostering a culture of understanding and support, workplaces can become safer and more inclusive environments.

The recent changes to the Illinois Gender Violence Act represent a significant change in blocking gender-based violence. These amendments expand the scope of the law, ensure equal protection for all employees, mandate reasonable accommodations, safeguard confidentiality, and promote education and awareness.

At KCB&A, we are dedicated to helping employees understand their rights and navigate the complexities of employment law. If you have questions about the Illinois Gender Violence Act or need assistance in addressing gender-based violence in your workplace, our experienced attorneys are here to provide guidance and support. Please send a reply.

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Synopsis: JAMA Study Outlines the Struggle With What Is Called “Long COVID.”

Editor’s comment: Sorry, folks I don’t believe in this concept, at all and the sooner the U.S. WC and medical industries starts to block it, the faster it will disappear.

Initial findings from a study of nearly 10,000 Americans, many of whom had COVID-19, have uncovered new details about what some doctors call “long COVID.” This is defined as a post-infection set of conditions that some doctors and scientists feel can magically affect nearly every tissue and organ in the body. I find that concept to be completely baffling.

Clinical symptoms are truly questionable, in my opinion. Symptoms can vary wildly. They are supposed to include fatigue, brain fog (whatever that is), and dizziness. Some people feel the difficult to verify symptoms may last for months or years after a person has COVID-19. The research team, funded by the National Institutes of Health, also found that what is called “long COVID” was more common and severe in study participants infected before the 2021 Omicron variant.

The study, published in JAMA is coordinated through the NIH’s initiative, a nationwide effort dedicated to understanding why some people develop long-term symptoms somehow related to COVID-19, and most important, how to detect, treat, and prevent long COVID. The researchers hope this study is the next step toward potential treatments for long COVID, which they assert affects the health of millions of Americans.

Researchers examined data from 9,764 adults, including 8,646 who had COVID-19 and 1,118 who did not have COVID-19. They assessed more than 30 symptoms across multiple body areas and organs and applied statistical analyses that identified 12 symptoms that set apart those with and without long COVID: post-exertional malaise, fatigue, brain fog, dizziness, gastrointestinal symptoms, heart palpitations, issues with sexual desire or capacity, loss of smell or taste, thirst, chronic cough, chest pain, and abnormal movements.

Again, from my view, everything bad that goes wrong with a human can qualify to be a “symptom” of what is being called “long Covid.” Why not include thinning hair, beer bellies and bad breath?

Then the researchers established a scoring system based on patient-reported symptoms. By assigning points to each of the 12 symptoms, the team gave each patient a score based on symptom combinations. With these scores in hand, researchers identified a meaningful threshold for identifying participants with long COVID. They also found that certain symptoms occurred together and defined four subgroups or “clusters” with a range of impacts on health.

Based on a subset of 2,231 patients in this analysis who had a first COVID-19 infection on or after Dec. 1, 2021, when the Omicron variant was circulating, about 10% experienced long-term symptoms or long COVID after six months. The results are based on a survey of a highly diverse set of patients and are not final. Survey results may next be compared for accuracy against an array of lab tests and imaging.

There are Supposedly 200+ Symptoms of Long Covid!!!

To date, more than 100 million Americans have been infected with SARS-CoV-2, the virus that causes COVID-19. In my view, the vast majority of those folks have completely and fully recovered following a short bout with the virus. The Great Pandemic of the 2020’s is over.

As of April, the federal government’s survey estimates about 6% of those infected with the virus claim they continue to experience and suffer from hundreds of different symptoms termed together as long COVID. Patients and researchers have identified more than 200 symptoms associated with long COVID. Almost all of the symptoms are subjective and unverifiable. There are no lab tests for this condition.

One can only speculate if folks that didn’t suffer from “short Covid” could make the same claims?

How Does This Impact Workers’ Comp?

It is my hope the WC hearing officers across the U.S. start to take a tough view on dealing with the “long Covid” concept. In short, we all suffered from this Great Pandemic. We all recovered after a short period of illness. It is my strongest hope we don’t let folks come to our hearing sites to complain of whatever they will claim “brain fog” might be to seek benefits.

Please also note almost none of the alleged symptoms of this condition change one’s ability to work in any way. And almost all of the asserted symptoms are impossible to objectively verify and/or treat. That said, I am sure there are “pain doctors” and others that want to create giant medical bills for American employers to deal with.

I remember when everyone in IL WC was getting cubital tunnel surgeries—we had to be the number one State in the Union for that condition because we were giving folks who got the surgery lots of money. When the Arbitrators stopped awarding benefits, the money stopped.

In my view, the “long Covid” concept should also go the way of the dodo bird. The faster the U.S. WC matrix kicks this concept to the curb, the better—in my view.

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Synopsis: Happy Memorial Day!!

Editor’s comment: God Bless the men and women who made the necessary sacrifices to keep us safe. We salute them.