Employment Bulletin

McKenna Employment Bulletin – December 2014

James DeNardo · December 2, 2014 ·

JOINT EMPLOYER WHO MADE NO DECISIONS IS NOT LIABLE UNDER THE ADA
FAILURE TO REFER DRIVING JOBS SUPPORTED A CLAIM FOR GENDER DISCRIMINATION
UNSPECIFIC TESTIMONY ABOUT HOURS WORKED DOES NOT SUPPORT A CLAIM FOR UNPAID OVERTIME
POOR JOB PERFORMANCE BEFORE TERMINATION STOPS AN AGE CLAIM
AN OWNER CAN BE PERSONALLY LIABLE FOR FLSA VIOLATIONS
APPLICANTS HAVE NO STANDING TO SUE UNDER TWO FEDERAL WHISTLEBLOWING ACTS

James DeNardo · November 4, 2014 ·

YOUR EMPLOYEE’S PERMANENT RESTRICTION DOES NOT EXCUSE ACCOMMODATION
AN ILLINOIS LAW STRENGTHENS WORKPLACE RIGHTS FOR PREGNANT WOMEN AND NEW MOTHERS
OWNERS ARE NOT PROTECTED UNDER THE ADA AND TITLE VII
YOUR HONEST BELIEF IN A LEGITIMATE REASON PREVENTS A FINDING OF PRETEXT FOR TERMINATION
ILLINOIS INSURANCE DEPARTMENT ISSUES BULLETIN ON COVERAGE FOR TRANSGENDER INSUREDS
YOUR PRIOR DISCIPLINE CAN PREVENT A FAILURE TO ACCOMMODATE CLAIM

James DeNardo · October 7, 2014 ·

MILITARY RESERVE MEMBERS HAVE A FEDERAL RIGHT TO SELECT DAYS OFF FOR MILITARY TRAINING
ILLINOIS DISTRICT COURT HOLDS THERE IS NO ADEA LIABILITY AGAINST INDIVIDUALS
A RECURRING THEME IS THAT TITLE VII RACE DISCRIMINATION CHARGES REQUIRE COMPARATIVES
ILLINOIS STATUTE LIMITS EMPLOYER’S ABILITY TO CONDUCT CRIMINAL BACKGROUND CHECKS OF JOB APPLICANTS
THE PERIOD OF TIME IN A DOCTOR’S ESTIMATE DOES NOT LIMIT FMLA INTERMITTENT LEAVE

James DeNardo · September 4, 2014 ·

WISCONSIN SUPREME COURT UPHOLDS PUBLIC-EMPLOYEE UNION RESTRICTIONS
SEVENTH CIRCUIT HOLDS THERE IS NO SET TIME INTERVAL WHICH PRECLUDES A RETALIATION CLAIM
YOUR PERFORMANCE REVIEWS CAN STOP A GENDER DISCRIMINATION CLAIM
IF YOU CHOOSE THE BEST QUALIFIED APPLICANT YOU PREVENT TITLE VII CLAIMS
YOUR PROTECTABLE INTEREST IN YOUR CLIENTS INFORMATION CAN SUPPORT A PRELIMINARY INJUNCTION AGAINST AN EX EMPLOYEE
POOR WORK PERFORMANCE PRIOR TO FMLA LEAVE STOPS A FMLA ACTION

James DeNardo · August 6, 2014 ·

FMLA LEAVE INCLUDES CARE OF AN ADULT CHILD
EMPLOYEE CAN FILE TITLE VII ACTION DESPITE AN ARBITRATION CLAUSE IN A UNION CONTRACT
FAILURE TO SHOW SIMILARLY SITUATED CO-WORKER STOPS AN AGE AND RETALIATION CLAIM
SHOWING SIMILARLY SITUATED CO-WORKER WAS TREATED MORE FAVORABLY SUPPORTS SEX DISCRIMINATION
REQUESTS FOR ACCOMMODATION MUST RELATE TO THE ALLEGED DISABILITY
EMPLOYEE’S MISCONDUCT AND INSUBORDINATION STOP A RACE CLAIM

James DeNardo · July 2, 2014 ·

PRIOR DECISION TO TERMINATE STOPS A RACE CLAIM
REFUSING TO FOLLOW A WORK SCHEDULE PREVENTS A RACE CLAIM
LACK OF COMPARATIVES PREVENTS A DISABILITY CLAIM
EMPLOYER’S FALSE REASON FOR NOT HIRING AN AFRICAN AMERICAN SUPPORTS THE APPLICANT’S RACE CLAIM
TWO RACIALLY DEROGATORY COMMENTS DID NOT CREATE A HOSTILE ENVIRONMENT
EMPLOYER’S LACK OF KNOWLEDGE OF A DISABILITY STOPS AN ADA ACTION

James DeNardo · June 4, 2014 ·

DOCTOR’S STATEMENT IS SUFFICIENT TO DEMONSTRATE DISABILITY
EMPLOYMENT CONTRACT STOPS A RETALIATORY DISCHARGE CLAIM
SEX HARRASMENT BY THE EMPLOYEE STOPS HIS NATIONAL ORIGIN AND RETALIATION CLAIM
EMPLOYER’S USE OF THE SAME CREDIT CHECK AS THE EEOC STOPS AN EEOC COMPLAINT
EEOC CHARGE DOES NOT TOLL THE STATUTE OF LIMITATIONS FOR A STATE COMMON LAW CLAIM

James DeNardo · May 7, 2014 ·

James DeNardo · April 2, 2014 ·

VOLUNTARY QUIT EQUALS NO ADVERSE ACTIONR
LACK OF COMPARATIVES STOPS TITLE VII GENDER CLAIM
DRUG TEST REQUIREMENT STOPS A RETALIATION CLAIM
ADVERSE ACTION REQUIRES MORE THAN THE ISSUANCE OF A POOR EVALUATION AND SUBJECTIVE BELIEF
YOUR PROMPT INVESTIGATION AND RESPONSE WILL PREVENT A HOSTILE ENVIRONMENT CLAIM
YOU MUST HAVE FACTS TO SHOW EMPLOYMENT TESTS ARE BIASED

James DeNardo · March 4, 2014 ·

THE SUPERVISOR OF YOUR MANAGER MAY BE A COMPARATOR TO YOUR MANAGER
CONFLICTS IN EVIDENCE KEEP AN AGE CLAIM ALIVE
PHONY PROMISE OF JOB MAY PREVENT A FAILURE TO HIRE CLAIM
TAKING CARE OF YOUR MOTHER IN LAS VEGAS MAY BE FMLA LEAVE
INSUBORDINATE EMAILS STOP AN ADEA AND NATIONAL ORIGIN CLAIM
TERMINATION AFTER NOTICE TO THE EMPLOYER OF HIGH BLOOD PRESSURE MAY BRING AN ADA CLAIM