CBA Record May-June 2025

CELEBRATING WOMEN’S HISTORY MONTH

Employment The panel on employment featured attor neys and business leaders discussing the state of employment rights for women. Cherita Ellens, President and CEO of Women Employed, began the discus sion by addressing policy changes in Illi nois designed to address the wage gap. Mary M. (Betsey) Madden, Chief Legal Counsel & Ethics Officer for the Illinois Department of Human Rights, and Jane Flanagan, Director of the Illinois Depart ment of Labor, joined in discussing the legal and ethical issues impacting employ ment rights for women. The panel was chaired by Gail Eisenberg, Partner and Head of Employment Practice at Loftus & Eisenberg, Ltd. The discussion pointed out that, as with reproductive health, the federal pic ture is not as positive for women’s rights in the employment context. The federal government has begun attacks on diver sity, equity, and inclusion in the work place, which negatively impacts women. There are also attacks on sexual harass ment protections. Further, even without clear guidance, some companies are pre emptively complying with the federal government’s stance, often out of concern for losing federal funding. On a state level, however, Illinois has made worker protections stronger. The panel introduced attendees to the Illinois Equal Pay and Salary Transparency Act, which became effective January 1, 2025. Although it is too soon to see its impact, the law is designed to ensure that employ ees have more transparency in terms of salary. Under the Act, employees can seek pay records for those in the same posi tions. Job postings also must contain a pay range and provide existing employees with the opportunity to apply for open positions. This transparency can assist women in the workforce break down gender gaps and seek salary equity. Further, Illinois provides robust preg nancy protections as well as training for employers to ensure that employees’ rights are protected. Improvements have been made to family bereavement leave and to

Women’s History Month: Women’s Rights from Birth to Death By Meredith Geller T he CBA Women’s History Month event, “Women’s Legal Rights from Birth to Death,” covered reproduc tive freedom, employment, and estate planning. Participants on the Women’s Rights in the Workplace panel included (from left): Cherita Ellens, President and CEO, Women Employed; Jane Flanagan, Director, Illinois Depart ment of Labor; Mary M. (Betsey) Madden, Chief Legal Counsel & Ethics Officer, Illinois Department of Human Rights; and Gail Eisenberg, Partner, Head of Employment Practice, Loftus & Eisenberg, Ltd.

The panel was moderated by Trisha Rich, a partner at Holland & Knight. Panelists included Allison Tanner, Senior Litigation Counsel for Reproductive Rights and Health at the National Wom en’s Law Center, and Emily Werth, Senior Staff Attorney at the ACLU of Illinois. Despite the lack of positive federal news on reproductive rights, both pan elists addressed how their organizations are working to defend against infringe ment. From lawsuits to legislation, chal lenges are being made to ensure that the restrictions on reproductive health and freedoms do not stand. Further, they discussed how Illinois has cultivated a positive legal landscape for women’s reproductive health. This culture has led to an influx of women seeking abor tions from neighboring states with more restrictive laws, which Illinois has been working to accommodate.

Reproductive Freedom A panel on reproductive freedom pre sented an overview of Supreme Court precedent related to reproductive health. Panelists addressed how the Dobbs deci sion has impacted abortion rights and reproductive freedom throughout the country, including an increase in state abortion bans. These reproductive health restrictions are also appearing on the fed eral level. From executive orders rescind ing abortion access and eliminating funding for sex education to attempts to restrict access to abortion medications, this is, as one presenter mentioned, a dire time for gender equality.

16 May/June 2025