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    <title type="text">Athena Herman Law, LLC</title>
    <subtitle type="text">Athena Herman Law, LLC</subtitle>

    <updated>2026-05-14T12:34:29Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Getting Started in Employment Law / Central District of Illinois]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2022/09/getting-started-in-employment-law-central-district-of-illinois/" />
            <id>https://www.athenahermanlaw.com/?p=46961</id>
            <updated>2022-09-01T07:54:25Z</updated>
            <published>2022-09-01T07:38:40Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was again honored to be a featured guest on Employee to Lawyer, a podcast presented by NELA-ILLINOIS! NELA is a non-profit collection of attorneys who advocate for workplace rights. In this episode, Athena describes the evolution of her legal career, her approach to cases, and employment litigation in Central Illinois. You can listen on your browser, or access…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2022/09/getting-started-in-employment-law-central-district-of-illinois/"><![CDATA[Athena Herman was again honored to be a featured guest on Employee to Lawyer, a podcast presented by NELA-ILLINOIS! NELA is a non-profit collection of attorneys who advocate for workplace rights. In this episode, Athena describes the evolution of her legal career, her approach to cases, and employment litigation in Central Illinois. 

You can listen on your browser, or access it through iTunes/Apple Podcasts or Spotify!
<div class="fl-post-link"><a href="https://employeetolawyer.com/#/episodes/view/Athena-Herman-Getting-Started-in-Employment-Law-Central-District-of-Illinois" target="_blank" rel="nofollow noreferrer noopener" data-wpel-link="external">https://employeetolawyer.com/#/episodes/view/Athena-Herman-Getting-Started-in-Employment-Law-Central-District-of-Illinois</a></div>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Employment Law in the Central District of IL]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2022/02/employment-law-in-the-central-district-of-il/" />
            <id>https://www.athenahermanlaw.com/?p=46825</id>
            <updated>2022-08-16T10:23:41Z</updated>
            <published>2022-02-10T12:02:08Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was recently privileged to be a featured guest on Employee to Lawyer, a podcast presented by NELA-ILLINOIS! NELA is a non-profit collection of attorneys who empower workplace rights. NELA attorneys have extensive practice in employment law and generally represent employees. You can listen on your browser, or access it through iTunes/Apple Podcasts or Spotify! https://employeetolawyer.com/#/episodes/view/Athena-Herman-Employment-Law-in-the-Central-District-of-IL]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2022/02/employment-law-in-the-central-district-of-il/"><![CDATA[<div>Athena Herman was recently privileged to be a featured guest on Employee to Lawyer, a podcast presented by NELA-ILLINOIS! NELA is a non-profit collection of attorneys who empower workplace rights. NELA attorneys have extensive practice in employment law and generally represent employees.</div>
</br>
</br>
<div>You can listen on your browser, or access it through iTunes/Apple Podcasts or Spotify!</div>
<div class="fl-post-link"><a href="https://employeetolawyer.com/#/episodes/view/Athena-Herman-Employment-Law-in-the-Central-District-of-IL" target="_blank" rel="nofollow noreferrer noopener" data-wpel-link="external">https://employeetolawyer.com/#/episodes/view/Athena-Herman-Employment-Law-in-the-Central-District-of-IL</a></div>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Can my employer fire me for refusing to get a COVID-19 vaccine?]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2021/10/can-my-employer-fire-me-for-refusing-to-get-a-covid-19-vaccine/" />
            <id>https://www.athenahermanlaw.com/?p=46819</id>
            <updated>2021-10-27T09:50:39Z</updated>
            <published>2021-10-27T09:50:39Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Recent guidance from the Equal Employment Opportunity Commission (EEOC) provides that employers can mandate that employees receive the COVID-19 vaccine. However, employers with more than 15 employees must allow employees who cannot receive the COVID-19 vaccine due to disability or for religious reasons to request an accommodation to the vaccine requirement under the Americans with Disabilities Act (ADA) or Title…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2021/10/can-my-employer-fire-me-for-refusing-to-get-a-covid-19-vaccine/"><![CDATA[Recent guidance from the Equal Employment Opportunity Commission (EEOC) provides that employers can mandate that employees receive the COVID-19 vaccine. However, employers with more than 15 employees must allow employees who cannot receive the COVID-19 vaccine due to disability or for religious reasons to request an accommodation to the vaccine requirement under the Americans with Disabilities Act (ADA) or Title VII of the Civil Rights Act.  Employers with fewer than 15 employees are subject to similar requirements under the Illinois Human Rights Act (IHRA).

Importantly, under these laws, employers are not required to provide any accommodation that poses an undue burden on the employer or would pose a direct threat to others. If an employee refuses a workplace vaccine requirement for reasons related to a disability, the accommodation must permit the employee to perform the essential functions of the employee’s job. Analysis of what, if any, accommodation may be reasonable requires a case-by-case analysis related to the specific job and work environment. If an accommodation for disability or religious reasons poses a direct threat to others or imposes an undue burden on the employer, then the employee has little recourse under federal law against the employer’s vaccine mandate. If no reasonable accommodation is available, the employee may be terminated for refusing vaccination under the ADA, Title VII and the IHRA.

Other unique circumstances may affect the analysis of employment issues, including whether the employee is a member of a union subject to a collective bargaining agreement or has an employment contract. However, most employment relationships are “at-will,” meaning that an employee may be terminated at any time for any reason not prohibited by law.

These are complicated and serious legal issues and employees should consult with an attorney experienced in employment law.

<strong>What about my rights to refuse my employer’s COVID-19 vaccine requirement under the Illinois Health Care Right of Conscience Act? </strong>

The Health Care Right of Conscience Act (HCRCA) prohibits both public and private employers from discriminating or imposing any burdens on the terms and conditions of employment for any employee who refuses to receive any form of health care service contrary to the employee’s conscience. While the HCRCA has existed for a couple of decades, it has only recently become popular in the wake of various COVID-19 vaccination mandates for certain public employees and many private employers. Unfortunately, the HCRCA simply has not yet been tested in the courts pertaining to vaccine requirements and an ongoing pandemic. Therefore, it’s difficult to predict how trial courts, the appellate courts, and, ultimately, the Illinois Supreme Court, will rule on the matter.

One of the key aspects of this law is that it permits an employee to refuse vaccination on the basis of conscience. The HCRCA defines “conscience” as “[A] sincerely held set of moral convictions arising from belief in and relation to God, or which, though not so derived, arises from a place in a life of its possessor parallel to that filled by God among adherents to religious faiths.” 745 ILCS 70/3(e). This language is similar to language used by federal courts when assessing claims of religious discrimination under Title VII of the Civil Rights Act, the federal law (discussed above) that provides employees some religious protection in the workplace. The courts are unlikely to challenge whether an employee’s religious objections are, in fact, religious. Rather, the courts will likely scrutinize whether the employee’s religious objections are <em>sincere</em>. Furthermore, the court will likely assess whether the sincere religious objections are the actual reason for the employee’s objection to the vaccine requirement.

Whether the HCRCA provides any recourse to your employer’s vaccine requirement is a fact-intensive question which must be individually assessed. These are complicated and serious legal issues and employees should consult with an attorney experienced in employment law.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[City of Peoria Probationary Employee Sues and Wins]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2020/01/city-of-peoria-probationary-employee-sues-and-wins/" />
            <id>https://www.athenahermanlaw.com/?p=46059</id>
            <updated>2021-04-19T07:46:44Z</updated>
            <published>2020-01-06T06:00:13Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A City of Peoria employee was terminated on the last day of his probationary period. He originally represented himself in his federal race discrimination lawsuit, until Athena agreed to step-in as his attorney in 2019. After she entered her appearance in the case, the City offered her client judgment in the amount of 80% of his lost wages in addition…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2020/01/city-of-peoria-probationary-employee-sues-and-wins/"><![CDATA[A City of Peoria employee was terminated on the last day of his probationary period. He originally represented himself in his federal race discrimination lawsuit, until Athena agreed to step-in as his attorney in 2019. After she entered her appearance in the case, the City offered her client judgment in the amount of 80% of his lost wages in addition to his attorneys fees as awarded by the Court. The City challenged Ms. Herman’s claim for attorneys fees.

Entering judgment on behalf of her client, the Court ordered that the City pay Ms. Herman $425/hour for the time she worked on the case. Notably, the City was ordered by the Court to pay more than Ms. Herman had originally requested.

Jackson vs. City of Peoria (2019).]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[O’brien et al v. Caterpillar, Inc]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2019/11/obrien-et-al-v-caterpillar-inc/" />
            <id>https://www.athenahermanlaw.com/?p=46062</id>
            <updated>2021-04-19T07:46:49Z</updated>
            <published>2019-11-10T06:00:43Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was co-lead employment law counsel on disparate-impact age discrimination case on behalf of 48 employees related to distribution of benefits at Joliet plant.  Received 48 probable cause findings from EEOC.  Seventh Circuit appeal. O’brien et al v. Caterpillar, Inc., Northern District of Illinois federal Case No. 14-cv-7229 (2019)]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2019/11/obrien-et-al-v-caterpillar-inc/"><![CDATA[Athena Herman was co-lead employment law counsel on disparate-impact age discrimination case on behalf of 48 employees related to distribution of benefits at Joliet plant.  Received 48 probable cause findings from EEOC.  Seventh Circuit appeal.

<em>O’brien et al v. Caterpillar, Inc.</em>, Northern District of Illinois federal Case No. 14-cv-7229 (2019)]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Athena Herman has represented thousands of employees, securing them millions of dollars]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2019/11/athena-herman-has-represented-thousands-of-employees-securing-them-millions-of-dollars/" />
            <id>https://www.athenahermanlaw.com/?p=46060</id>
            <updated>2021-04-19T07:46:54Z</updated>
            <published>2019-11-10T06:00:29Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Over the course of her career, Athena Herman has represented thousands of employees. Through her practice focusing on employment law, she has assisted employees navigate the law in hundreds of cases. Athena Herman has righted wrongs, helped get employees their jobs back, and vindicated justice while obtaining millions for her clients. The cases listed in this News section are just…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2019/11/athena-herman-has-represented-thousands-of-employees-securing-them-millions-of-dollars/"><![CDATA[Over the course of her career, Athena Herman has represented thousands of employees. Through her practice focusing on employment law, she has assisted employees navigate the law in hundreds of cases.

Athena Herman has righted wrongs, helped get employees their jobs back, and vindicated justice while obtaining millions for her clients.

The cases listed in this News section are just a few examples of the work she has done.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Heise v. Canon Solutions America]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2018/12/heise-v-canon-solutions-america/" />
            <id>https://www.athenahermanlaw.com/?p=46079</id>
            <updated>2021-04-19T07:46:57Z</updated>
            <published>2018-12-31T06:03:04Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was co-counsel for plaintiff’s employment law needs on Equal Pay Act and gender discrimination claims. Athena helped to defeat defendant’s motion for summary judgment and the case was resolved by a confidential settlement prior to trial. Heise v. Canon Solutions America, Northern District of Illinois, Case No. 16-cv-8284 (2018)]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2018/12/heise-v-canon-solutions-america/"><![CDATA[Athena Herman was co-counsel for plaintiff’s employment law needs on Equal Pay Act and gender discrimination claims. Athena helped to defeat defendant’s motion for summary judgment and the case was resolved by a confidential settlement prior to trial.

<em>Heise v. Canon Solutions America</em>, Northern District of Illinois, Case No. 16-cv-8284 (2018)]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Williams v. Merle Pharmacy]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2018/11/williams-v-merle-pharmacy/" />
            <id>https://www.athenahermanlaw.com/?p=46064</id>
            <updated>2021-04-19T08:01:24Z</updated>
            <published>2018-11-10T06:01:01Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was the lead employment law co-counsel for plaintiff in a Fair Labor Standards Act (FLSA), Illinois Whistleblower Act, and retaliatory discharge claim.  Athena Herman was successful in having summary judgment entered on behalf of her client on FLSA claim.  All other claims survived summary judgment and settled shortly before trial. Williams v. Merle Pharmacy, et al., Central District…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2018/11/williams-v-merle-pharmacy/"><![CDATA[Athena Herman was the lead employment law co-counsel for plaintiff in a Fair Labor Standards Act (FLSA), Illinois Whistleblower Act, and retaliatory discharge claim.  Athena Herman was successful in having summary judgment entered on behalf of her client on FLSA claim.  All other claims survived summary judgment and settled shortly before trial.

<em>Williams v. Merle Pharmacy</em>, et al., Central District of Illinois, Case No. 15-01262 (2018).]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Khoury v. Robert Cottingham Property Management]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2017/11/khoury-v-robert-cottingham-property-management/" />
            <id>https://www.athenahermanlaw.com/?p=46066</id>
            <updated>2021-04-19T08:01:38Z</updated>
            <published>2017-11-10T06:01:18Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena Herman was employment law counsel for employee in Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) claim.  Athena Herman settled the case for her client shortly after discovery began (before trial). The terms of the settlement are confidential. Khoury v. Robert Cottingham Property Management, Central District of Illinois, Case No. 17-01111 (2017)]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2017/11/khoury-v-robert-cottingham-property-management/"><![CDATA[Athena Herman was employment law counsel for employee in Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) claim.  Athena Herman settled the case for her client shortly after discovery began (before trial). The terms of the settlement are confidential.

<em>Khoury v. Robert Cottingham Property Management</em>, Central District of Illinois, Case No. 17-01111 (2017)]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Athena Herman Law, LLC</name>
				            </author>
            <title type="html"><![CDATA[Burwell v. City of Peoria]]></title>
            <link rel="alternate" type="text/html" href="https://www.athenahermanlaw.com/blog/2013/11/burwell-v-city-of-peoria/" />
            <id>https://www.athenahermanlaw.com/?p=46072</id>
            <updated>2022-08-09T16:36:15Z</updated>
            <published>2013-11-10T06:02:03Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Athena and Patricia Benassi were employment law co-counsel for an individual female police officer in a sex discrimination, sexual harassment, and retaliation case against police department and individual supervisors. Athena Herman helped to obtain a post-summary judgment and pre-trial settlement of $550,000 for her client. Burwell v. City of Peoria et al., Central District of Illinois federal Case No. 09-01309…]]></summary>
			                <content type="html" xml:base="https://www.athenahermanlaw.com/blog/2013/11/burwell-v-city-of-peoria/"><![CDATA[<span style="color: #666666; font-size: 14px;">Athena and Patricia Benassi were employment law co-counsel for an individual female police officer in a sex discrimination, sexual harassment, and retaliation case against police department and individual supervisors.</span>

Athena Herman helped to obtain a post-summary judgment and pre-trial settlement of $550,000 for her client.

<em>Burwell v. City of Peoria</em> <em>et al</em>., Central District of Illinois federal Case No. 09-01309 (2013)]]></content>
						        </entry>
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