Religious Employers Challenge Illinois Law on Hiring Practices
A newly amended Illinois law is being challenged in court as it allegedly mandates religious employers to hire individuals whose actions may conflict with their religious beliefs, such as participating in or facilitating abortions. This legal battle has been initiated by the Roman Catholic Diocese of Springfield and the Pregnancy Care Center of Rockford.
On Thursday, the Diocese and the Pregnancy Care Center filed a complaint in the U.S. District Court for the Northern District of Illinois Western Division. They are contesting the provisions of the Illinois Human Rights Act that prohibit employment discrimination based on “reproductive health decisions.”
Under the law, “reproductive health decisions” encompass choices involving contraception, fertility treatments, sterilization, miscarriage management, pregnancy termination, and related healthcare services. The legislation’s Employment Clause classifies it as a civil rights violation for employers to engage in discriminatory hiring practices based on these decisions.
The Pregnancy Care Center of Rockford’s employee handbook specifies that involvement with abortion services is grounds for not hiring an individual. Similarly, the Diocese of Springfield mandates that employees adhere to Catholic principles, with disciplinary measures up to termination for those who engage in abortion-related activities.
Concerns have been raised by the plaintiffs that their adherence to religious beliefs regarding the sanctity of life could lead to legal challenges under the Illinois Human Rights Act. This is based on statements from James Bennett, Director of the Illinois Department of Human Rights, and Illinois Attorney General Kwame Raoul.
The Act provides a religious exemption, stating that the term “Employer” does not apply to religious entities concerning employment decisions based on religion. However, the plaintiffs argue this exemption is not extended to their practices related to reproductive issues.
The lawsuit highlights Attorney General Raoul’s position that Title VII’s religious exemptions allow preference for co-religionists but do not permit discrimination based on reproductive decisions, even if such decisions conflict with religious teachings.
Despite media inquiries, both Raoul and Bennett have refrained from commenting on the lawsuit. The plaintiffs seek a declaration that the Illinois Human Rights Act infringes upon the First and Fourteenth Amendments of the U.S. Constitution.
A request for a preliminary and permanent injunction has been filed to prevent enforcement of the Act against the plaintiffs concerning their speech and actions related to reproductive decisions.
Mark Lippelmann, senior counsel for Alliance Defending Freedom, representing the plaintiffs, stated, “The Constitution protects the right of religious organizations to choose workers who will advance — rather than contradict — their religious beliefs.” He urges the court to protect these organizations’ rights to operate in line with their faith-based principles.
Bishop Thomas John Paprocki of the Diocese of Springfield emphasized that employees are expected to uphold Catholic doctrines and moral teachings. He expressed the need for religious freedom in employment decisions without governmental intrusion.
This article was originally written by www.christianpost.com