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McKenna Minutes

“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Publications



McKenna Law Update & News – March 2015

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In This Issue…


Categories Publications Tort Law Update Bulletin


McKenna Employment Bulletin – March 2015

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  • AGE-RELATED COMMENTS SHOW PRETEXT AND RETALIATION
  • RELEASE OF CLAIMS DOES NOT VIOLATE TITLE VII
  • BE SPEEDY IN YOUR TERMINATIONS IF POSSIBLE
  • POOR WORK PERFORMANCE PREVENTS NATIONAL ORIGIN DISCRIMINATION CLAIM
  • EMPLOYEE’S NONPERFORMANCE AND INTIMIDATION STOP DISABILITY CLAIM
  • ADHD MAY NOT BE A DISABILITY UNDER THE ADA


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – February 2015

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  • U.S. SUPREME COURT WILL RULE ON SAME SEX MARRIAGE
  • TRAVELING NURSE TERMINATED FOR SEIZURE DISORDER NOT AN ADA VIOLATION
  • NO RACE DISCRIMINATION WHERE RECENT HIRES WERE OF THE SAME RACE
  • NO RETIREE CONTRIBUTION TO RETIREE HEALTH BENEFIT PLAN ENDS WITH THE EXPIRATION OF THE AGREEMENT WITH THE UNION
  • EMPLOYER EXPRESSION OF DISDAIN FOR THE EEOC PROCESS SUPPORTS A RETALIATION CLAIM
  • NON-SPECIFIC CO-WORKER STATEMENT DOES NOT SUPPORT DISCRIMINATION OR RETALIATION
  • PRIOR AND SUCCESSOR ENTITIES BOTH LIABLE FOR DISCRIMINATION

 


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – January 2015

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  • TRIBAL HIRING PREFERENCE IS NOT DISCRIMINATION WHEN BASED ON POLITICAL CLASSIFICATION
  • APPLICANTS HAVE NO STANDING TO SUE UNDER TWO FEDERAL WHISTLEBLOWING ACTS
  • VOLUNTEER NUNS HAD NO STANDING TO SUE
  • NO COMPARATIVES AND VIOLATIONS OF COMPANY POLICY STOPS A RETALIATION CLAIM
  • NATIONAL LABOR RELATIONS BOARD SAYS EMPLOYEES CAN USE WORKPLACE EMAIL SYSTEMS FOR UNION ACTIVITY
  • ARRIVING LATE FOR WORK AND FALSIFYING DOCUMENTS STOPS AN ADA CLAIM


Categories Employment Bulletin Employment Law Publications


McKenna Law Update & News – December 2014

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In This Issue…


Categories Publications Tort Law Update Bulletin


McKenna Employment Bulletin – December 2014

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  • 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


Categories Employment Bulletin Employment Law Publications


McKenna Employment Bulletin – November 2014

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  • 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


Categories Employment Bulletin Publications


McKenna Employment Bulletin – October 2014

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In this Issue

    • 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


    Categories Employment Bulletin Publications


    McKenna Law Update & News – September 2014

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    In This Issue…


    Categories Publications Tort Law Update Bulletin


    McKenna Employment Bulletin – September 2014

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    In this Issue

      • 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


      Categories Employment Bulletin Employment Law Publications


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