CHICAGO, IL. (ECWd) -
The United States District Court for the Northern District of Illinois held a Hearing on a Motion for Temporary Restraining Order (with its accompanying memorandum of law) on October 29, 2021, and has issued a temporary restraining order against Northshore University Healthsystem ("NUH") in reference to requiring COVID-19 shots.
The suit was brought under Title VII of the Civil Rights Act, the Emergency Use Authorization statute (21 U.S.C. §360bbb- 3(e)(1)(A)(ii)(III)), and the Illinois Right of Conscience Act.
The TRO will become effective on November 1, 2021, after a meet and confer between both parties to agree on the final text of the binding restraining order.
The lawsuit was filed by fourteen unnamed employees of NUH, and a hearing on motions for preliminary injunction is set for November 16, 2021. The hearing will be telephonic.
From the TRO:
- the temporary restraining order is granted in part
- The parties are ordered to meet and confer on (1) the final text of a binding restraining order and (2) security (see Fed. R. Civ. P. 65(c)), and the parties should submit a proposed order to proposed_order_kness4;ilnd.uscourts.gov by 5:00
P.M. on 11/1/2021
- As explained in the Court's oral order, that temporary restraining order will become effective on 11/1/2021, and the Court will consider an extension after fourteen days pending resolution of the upcoming preliminary injunction hearing
- In their briefing, the parties should consider specifically addressing the question of potential irreparable harm, and whether those harms apply to private defendants in the Title VII context.
- As well, the parties should consider addressing the relevance of potential accommodations granted for medical or disability reasons to Plaintiffs seeking similar accommodations for religious reasons.
- The parties should also consider addressing whether Plaintiffs may continue to
pursue their case pseudonymously (recognizing that Plaintiff has already submitted a brief on the issue). The Court will allow oversized briefs, within reason and only to the extent truly necessary to fully brief the arguments