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Woman fired by Drake Hotel can continue lawsuit over hotel’s alleged skirting of Pritzker’s Covid rules

A whistleblower who accused the Drake Hotel of retaliation following her allegations it tried to sidestep Gov. Pritzker’s COVID capacity restrictions will be allowed to continue her federal lawsuit.

Gina Sharenow booked weddings at the Drake while working as a sales manager. Her lawsuit accused First Hospitality Group, Hospitality Staffing and The Drake Oak Brook Resort of counting distinct rooms as separate venues to avoid a state policy limiting indoor facilities to 50 people in order to mitigate spread of coronavirus.

According to Sharenow, in August 2020 the Illinois Department of Commerce and Economic Opportunity, joining with the Illinois Department of Public Health, issued new guidelines explicitly addressing that strategy, to reinforce executive orders issued by Gov. JB Pritzker. But she alleged Drake management pressed her to ignore that guidance. When she refused to book weddings in excess of the capacity limit, she lost her job, leading to her to seek damages for retaliatory discharge.

In an opinion issued July 13, U.S. District Judge John Tharp denied the hotel group’s motion to dismiss.

According to Tharp, “the defendants’ principal contention” is the DCEO guidelines aren’t a “law, rule or regulation” or “clearly mandated public policy” as detailed in the Illinois Whistleblower Act and common law principles. They also argued the National Labor Relations Act pre-empted Sharenow’s claims.

“The guidelines, however, need not embody laws, rules or regulations themselves,” Tharp wrote. “All that matters at this stage is whether Ms. Sharenow has plausibly alleged that violation of the guidelines ‘would result in a violation of a state or federal law, rule or regulation.’ She has.”

Tharp said the Illinois Department of Public Health Act and the Illinois Emergency Management Act provided the statutory authority for the guidelines Sharenow accused her employer of violating. Because Pritzker issued a disaster proclamation in response to Covid-19, he and the IDPH could issue rules outside the dictates of the Illinois Administrative Procedure Act, the judge said.

Along with several existing opinions establishing the validity of executive orders as rules under the Whistleblower Act, Tharp said Executive Order 43, from June 6, 2020, contains an enforcement provision specifically citing that law “to signal, emphatically, that retaliation based on the order falls within the Act’s ambit.”

Tharp also noted that Illinois law allows employers to fire at-will workers without a reason. But a narrow exception bars retaliatory termination when the discharge violates clearly mandated public policy. Although Tharp said “there is no precise definition for what constitutes a clearly mandated public policy,” he explained the policy Sharenow invoked in her allegations “cannot be clearer” and noted “at least three other courts have reached the same conclusion.”

The hotel defendants argued the DCEO guidelines were “shifting” because of the August 2020 update. But Tharp explained both the executive order and guidelines “tailored quantifiable restriction to specific businesses and industries.”

Turning to arguments about the National Labor Relations Act, Tharp said dismissal on pre-emption as an affirmative defense is inappropriate in this instance. Although Sharenow filed a National Labor Relations Board complaint after losing her job, that didn’t mean she could only seek relief under federal law.

For one thing, Tharp said, Sharenow didn’t include the NLRB complaint in her lawsuit. Secondly, Sharenow withdrew the charge about two months after filing, meaning “any factual allegations within it are not binding,” Tharp wrote. “Sharenow has not pled herself out of court and her complaint is otherwise sufficient.”

The hotel tried to argue Sharenow’s actions were designed to protect work colleagues, but Tharp said her complaint only alleges an attempt to comply with state law. He also said her decision to follow state law wasn’t “concerted activity” as the NRLA establishes.

Tharp set a status hearing for July 21.

Sharenow is represented in the action by attorneys David J. Fish and Thalia Pacheco, of the firm of Fish Potter Bolaños, of Naperville.

The Drake defendants are represented by attorney William F. Dugan, of the firm of Baker & McKenzie, of Chicago. 

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Los Angeles-based photographer Nando Pacheco and model Delaney Willet teamed up for today’s exclusive NAKID feature editorial titled, ‘Summertime Sunshine‘. If you love this visual story then show them some love, this is just a glimpse of the amazing stuff they have created – head over to their Instagram below to check out more from this awesome artist and support their creativity and your daily inspiration by following them! Check out more of Nando Pacheco and their work here:  INSTAGRAM Dustin […]

Bolsonaro’s attack on Brazil’s electoral system sparks outrage | Jair Bolsonaro | The Guardian

Electoral officials and senior politicians have criticised the Brazilian president, Jair Bolsonaro, after the far-right leader called foreign diplomats to the presidential palace and made unfounded allegations about the integrity of the upcoming election.

Bolsonaro told them the electronic voting system in Brazil, which has been used without controversy since 1996, was vulnerable. The remarks raised concerns that the populist politician – facing poor polling results – may attempt to discredit the democratic process if he loses in October.

The baseless claims were immediately refuted by Brazil’s supreme electoral court (TSE), the body that oversees elections.

The TSE issued a list of 20 rebuttals to Bolsonaro’s statements and the court’s president, Edson Fachin, called them “unacceptable electoral denialism”.

“It’s time to say enough of this disinformation,” Fachin said. “It’s also time to say no to authoritarian populism.”

The president of the senate also rejected Bolsonaro’s allegations, saying there was “no just cause or reason” to question the efficacy of the electoral process.

“The national congress, whose current composition was elected under the modern electoral system, is obliged to affirm to the population that the electronic ballot boxes will give the country a faithful representation of the people’s wishes, whatever they are,” said Rodrigo Pacheco.

Bolsonaro’s decision to ramp up criticism in front of a foreign audience may be linked to his poor showing in the polls.

Most give the former president Luiz Inácio Lula da Silva a double-digit lead and his supporters are optimistic he could even win in the first round and avoid a runoff.

The first round takes place on 2 October, with a possible runoff scheduled for 30 October.

Bolsonaro, a supporter of Donald Trump, has previously questioned the trustworthiness of electronic ballot boxes even after winning easily in 2018, and he later tried to pass a law mandating a return to paper ballots.

That attempt was ruled unconstitutional in 2020 and another attempt to include paper ballots along with the electronic votes was rejected by congress a year later.

His speech to diplomats on Monday included attacks on judges and TSE officials who will be charged with verifying the results of the elections not just for president but also for congress and 27 state governors.

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The address also focused on a 2018 investigation into an attempted hack of the electoral system. An official inquiry ruled there was no risk to the count or results.

Bolsonaro limited media access to his 30-minute speech at the Planalto, the presidential palace. However, it was transmitted live on state television, prompting some opposition deputies to claim they will take him to court for improper use of government resources.

Lula said it was a shame Brazil did not have a leader more interested in problems such as jobs, development and hunger. “Instead, he’s telling lies about our democracy,” Lula tweeted.

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Woolworths supermarket shopper’s wild complaint about pre-cut vegetable pack sparks intense debate on Reddit | 7NEWS

A Woolworths customer’s wild complaint about a display of pre-cut vegetables at their local store has sparked an intense debate on social media.

Sharing on Reddit, the shopper – using colourful language – said they were frustrated to see “dumb” consumers purchase the veggie packs because “they can’t cut”.

The customer also took aim at Woolworths for packing the pre-cut vegetables in “more” plastic.

For more Food related news and videos check out Food >>

Included in the post was a photo of the range, which includes trays and bags of Diced Onion, Sliced Spring Onion, Sliced Potato and Pumpkin Cubes.

Some Reddit users agreed with the shopper’s post, with one asking: “How time poor are you to not cut veggies?”

However many more were quick to hit back at the post, saying that the chopped and sliced vegetables were a “blessing” for people with disabilities and the elderly.

“A lot of comments here calling out people for being lazy, but these are actually a godsend for people with disabilities, fine motor issues, etc,” said one.

“Some people simply can’t hold a knife and cut veg, and this makes fresh stuff accessible for them.

“Don’t like it, don’t buy it. Seems like there’s a lot more out there to complain about than this.”

Added another: “It’s all well any good saying this if you’re able bodied, but how about all the elderly? Many have severe arthritis and can’t chop/stir any more.”

A third wrote: “When I was recovering from an illness these things allowed me to cook on my own and not have to rely on my parents/a helper.

“The plastic sucks, I agree, but it’s not about being too lazy or whatever guys.”

One more added: “Maybe you should step outside of what little able-bodied bubble you are living in and consider the fact that these exist for those who are unable to prepare this stuff themselves but still want to eat healthy homemade food.

“Sure the plastic isn’t great, but that’s why I suggest not buying pre prepared stuff like this if you don’t need it.”

Others pointed out that it was a convenient purchase for many Australians.

“The missus works, and I’m the chief cook, bottle washer, taxi service, groundskeeper, electrician, plumber and carpenter for our house,” one Reddit user responded.

“And while I usually peel and chop everything fresh, I’ve gotta admit that I’ve very occasionally got the pre-cut roast veggies from Woolies after a solid day of doing all of the above.”

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