Employers too often take the approach that they do not have to worry about the National Labor Relations Act, most commonly called the NLRA, because they are not a ‘union shop.’ It is a short-sighted view. While the NLRA is most-often applied to protect union activities, employees who are not represented by a union also […]
Employment Law
Sexual Harassment In The Workplace
New allegations of sexual harassment in the workplace appear in the headlines daily now. We have all heard the reports about Harvey Weinstein, former president George H. W. Bush and now Matt Lauer.
The ADA Does Not Entitle Employees To Long Term Leave
A long-term leave of absence is not a reasonable accommodation under the Americans With Disabilities Act (“ADA”) , at least according to the Seventh Circuit. On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that an employee who needs a long term leave is not a qualified individual with a […]
No Age Discrimination When Older Employees Terminated Based on Insurance Reasons
The U.S. Court of Appeals for the 7th Circuit affirmed the dismissal of a suit accusing Indiana’s Lake County of violating the Age Discrimination in Employment Act by firing workers over the age of 65 whose insurance premiums threatened to destroy its budget. The court determined the age of the workers was incidental to their […]
EEOC SETTLES DREADLOCK CASE AS A PROTECTED RELIGIOUS EXPRESSION
A common workplace dispute involves dress code polices and deviations from dress and grooming standards. These disputes often result in a religious discrimination suit claiming violation of a protected religious expression.
Illinois Employers Can Be Liable for Heinous Crimes Committed by Their Supervisor Off Premises
An employer can be sued for a supervisor’s murder and rape of one of its employees, which took place while the employee was with the supervisor at an out-of-state wedding, the Seventh Circuit Court of Appeals held in the recent case of Anicich v. Home Depot, 2017 U.S. App. LEXIS 5202. The liability hinged on […]
Illinois Has Already Amended its Employee Sick Leave Act
On January 1, 2017, the Illinois Employee Sick Leave Act went into effect. It requires employers to allow employees to use their personal sick leave benefits for absences due to an illness, injury or medical appointment of the employee’s child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent. The same terms would apply as […]
2017 Employment Case to Watch – Seventh Circuit Court To Rule On Sexual Orientation Discrimination Claim
Neither the US Supreme Court nor any federal circuit appellate court has held that discrimination based on sexual orientation is prohibited by Title VII. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Seventh Circuit, as well as several other Appellate Courts, have long held that Title VII does […]
EEOC Focus in 2017 – Employers Beware
The EEOC announced its Strategic Enforcement Plan for the fiscal years 2017 to 2021 which outlines the areas upon which the EEOC will focus its litigation and investigation resources in the next four years. Employers should anticipate that the EEOC will be aggressively prosecuting discrimination and other violations that affect the most vulnerable employees, including […]
Businesses Cannot Discriminate Against Transgender Employees
Transgender bathroom rights have been in the spotlight this year. The nation’s schools have been grappling with the issue of which locker rooms should transgender students be allowed to use. Businesses have also been drawn into the issue as they try to avoid gender discrimination in the workplace. Target stores recently made a public […]