Section Newsletters

Articles on Employment Law

Sexual orientation discrimination in the workplace By James E. Snyder & Hon. Reva S. Bauch Labor and Employment Law, June 2007 Imagine being called into your employer’s boardroom and being told: “You’re a great employee, but you’re gay, so...you’re fired!” Federal law does not prohibit this kind of conduct by the employer. And in 33 states it is not an unlawful employment practice. In Illinois and 16 other states and the District of Columbia, however, it is illegal for an employer to fire an otherwise competent employee because of his or her sexual orientation.
Supreme Court finds patient privacy violation outside scope of employment By Hon. Kimberly L. Dahlen Civil Practice and Procedure, June 2007 The issue in Bagent v. Blessing Care Corp., was whether Illini Community Hospital could be held vicariously liable under a theory of respondeat superior for a phlebotomist’s disclosure of a patient’s confidential medical information to a third party at a tavern while off duty.
Recent cases relating to employment law By John H. Brechin Local Government Law, May 2007 Two cases involving employment law issues were recently decided. In Kelley v. Sheriffs Merritt Commission, the Second District Appellate Court considered the issue of the permissible use of polygraph examinations in investigation and whether the failure of an officer to submit to such an examination is cause for discipline.
Employers face liability for employee multitasking on the road By Sherrie Travis Corporate Law Departments, March 2007 A recent out-of-court settlement reinforces the need for employers to warn employees about the danger of electronic multitasking on the road.
Employer’s obligations under the Uniformed Services Employment and Reemployment Rights Act By John N. Maher Labor and Employment Law, March 2007   Some of the central issues that you, as an employer, may face when your employees are called to active duty are addressed in this article.
The need to accommodate workplace proselytization? By Keri A. Legg Labor and Employment Law, March 2007 There is an increase in the number of employees who desire to not only discuss their religious beliefs and practices at work, but who also hold religiously based needs to proselytize or affirmatively oppose “sin” in the workplace.
When are single-location bargaining units appropriate for health care employers? By Benjamin E. Gehrt Labor and Employment Law, March 2007 In County of Cook (Provident Hospital, the Illinois Court of Appeals was presented with the issue of what standard should be applied to determine if a single-location bargaining unit is appropriate for a health care employer with multiple facilities. 
Employees called to duty in the National Guard and Reserve—An overview of the applicable federal and Illinois laws By Brian Clauss, James Capparelli, & Lyndsey Kimber Labor and Employment Law, December 2006 The National Guard and Reserves have vital contributions to national security both at home and abroad and reliance upon the citizen soldier has only increased since September 11, 2001.
Note to employers: You can’t just take it back: An adverse employment action, that is By Karen D. Fox Labor and Employment Law, December 2006 In Phelan v. Cook County, the plaintiff claimed to have suffered an adverse employment action when she was terminated for four months and then was reinstated with back pay.
What you may not ask By Thomas A. Bruno Bench and Bar, October 2006 Caselaw to consider when interviewing prospective employees.
The Public Safety Employee and Employment Litigation: The effects of Police and Fire Commission proceedings on the federal case By Brian Clauss & Michelle Camden Labor and Employment Law, September 2006 When litigating Federal employment claims of public safety employees1 or proceeding in a discipline hearing before a municipal Board of Police and Fire Commissioners (the “Board”), there are special concerns that a practitioner should consider.
Taxation of compensatory damages for emotional distress and loss of reputation is unconstitutional By Michael R. Lied Labor and Employment Law, September 2006 Good lawyering sometimes shakes up the law. Consider Murphy et al. v. Internal Revenue Service, et al. 2006 WL 2411372 (CA DC 2006).
Employee dress and grooming policies By Michael R. Lied Labor and Employment Law, August 2006 Recently, the full Ninth Circuit Court of Appeals, often considered a fairly liberal Court, rejected a plaintiff’s claim that the employer’s requirement that she wear makeup constituted sex discrimination.
Proposed rule provides employer guidance on Social Security “No-Match” letters By Michael R. Lied Labor and Employment Law, August 2006 Employers annually send the Social Security Administration (SSA) millions of earnings reports (W-2 Forms) in which the combination of employee name and social security number (SSN) does not match SSA records.
Supreme Court expands categories of conduct that rise to retaliation claim under Title VII By Peter LaSorsa Corporate Law Departments, August 2006 On June 22, 2006 the United States Supreme Court issued a decision that corporations should pay particular attention to regarding employment law.
Ahmad v. Board of Education of the City of Chicago, — Ill. App. 3d ___. 847 N.E.2d 810 (1st Dist. 2006) By J.A. Sebastian Labor and Employment Law, July 2006 The Board of Education of the City of Chicago (“Board”) terminated Rita Ahmad (“Ahmad”), a tenured public school teacher, who then filed a complaint for administrative review pursuant to the Illinois Administrative Review Law, 735 ILCS 5/3-101 through 5-3-113, as provided in the Illinois School Code at 105 ILCS 5/24-16.
Employee destroys computer files and violates Computer Fraud and Abuse Act By Michael R. Lied Labor and Employment Law, July 2006 In International Airport Centers, L.L.C., et al., v. Jacob Citrin, 440 F.3d 418 (7th Cir. 2006), Citrin was employed to identify properties that IAC might want to acquire, and to assist in any later acquisitions. IAC provided Citrin a laptop to use to record data that he collected in the course of his work.
Employee must arbitrate retaliatory discharge claim By Michael R. Lied Labor and Employment Law, July 2006 Joann Melena joined Anheuser-Busch as a nonunion employee at its distribution center in Mt. Vernon, Illinois in February 1999.
New VESSA rules announced By Michael R. Lied Labor and Employment Law, July 2006 The Victim’s Economic Security and Safety Act (“VESSA”) allows for up to 12 weeks for unpaid leave in a 12-month period to allow employees or household members who are the victims of domestic or sexual violence to take time off to pursue such matters as court hearings, counseling, relocating, and seeking medical or legal services to insure the victim’s safety.
2005 Illinois Human Rights Commission decisions By Alisa B. Arnoff Labor and Employment Law, March 2006 Recent cases of interest to labor & employment law practitioners.  
Employee must be paid for required off-duty mental counseling By Michael R. Lied Labor and Employment Law, March 2006 Kari Sehie was a former emergency dispatcher for the City of Aurora.
Employer liability for harassment by non-employees By Stephen E. Balogh Labor and Employment Law, March 2006 In 1998, the Supreme Court told us that an employer would be liable, pursuant to Title VII, for conduct of its employee which creates an actionable hostile work environment.
Pitfalls of the new OFCCP Internet applicant regulations By Michael D. Gifford Labor and Employment Law, March 2006 Assume an all-too-plausible scenario: Harold Happyman is HR Manager for AnyTown Bank Corp.
With gratitude to Ms. Parks, and Ms. Vinson, and the fighters yet to come… By Kaethe Morris Hoffer Women and the Law, March 2006 There is a woman to whom all equality-loving people owe much. Her name is Michelle Vinson, and she is a rape survivor. She fought for justice and dignity for herself and changed the world for all Americans, especially women.
A discrimination lawsuit filed by an individual in a protected class who alleges adverse employment action may proceed even though the individual’s replacement is a person in the same protected class By Paul E. Freehling Labor and Employment Law, January 2006 Suppose P, a person in a protected class, alleges that an adverse employment action—such as discharge, failure to hire, demotion, or failure to promote—resulted from, for example, age, disability, gender, national origin, pregnancy, racial or religious bias.
Election Code changes affect Illinois employers By Isham R. Jones, III Labor and Employment Law, January 2006 2006 is an election year in Illinois and two recent changes in the Illinois Election Code will make it easier for workers to perform their civic duty. Both changes became effective on August 22, 2005.
Illinois employer hit with $90,600 penalty under child support law By Isham R. Jones, III Labor and Employment Law, January 2006 Let In re Chen, serve as a warning to Illinois employers that failing to comply with the Illinois Income Withholding for Support Act can be a costly mistake.
What have they been up to in Springfield? Recent statutory changes affecting employers and employees By Michael R. Lied Labor and Employment Law, January 2006 The 93rd and 94th General Assemblies made numerous changes which will impact Illinois employers and employees.
Department of Employment Security raises the hourly rate for attorneys representing claimants By Glenn R. Gaffney Labor and Employment Law, October 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Employee handbook and work rules may violate labor law By Michael R. Lied Labor and Employment Law, October 2005 Most employers are aware that carelessly drafted employee handbook language may create problems.

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