Firm News
Seventh Circuit Court of Appeals Offers Guidance on Evaluating Whether Racial Harassment is Severe or Pervasive
May 14th, 2019
An employee claiming that he or she worked in an actionably hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, must show that “(1) he was subject to unwelcome harassment; (2) the harassment was…
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Categories: IADTC Articles
The Rise of Illinois Whistleblower Act Cases
February 14th, 2019
Increasingly, employees bringing claims of discrimination or retaliation under federal and state discrimination laws are adding a claim under the Illinois Whistleblower Act (IWA), against both the employer and supervisors. Originally effective on Jan…
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Categories: IADTC Articles
Same-Sex Sexual Harassment – Is it Just “Male-on-Male Horseplay” or Harassment Because of Sex?
November 14th, 2018
In 1998, writing for a unanimous United States Supreme Court, Justice Antonin Scalia held that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1). Sinc…
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Categories: IADTC Articles
Best Practices for Conducting Employee Misconduct Investigations
August 14th, 2018
Since the rise of the #MeToo movement, many employers have seen an increase in employees bringing internal complaints claiming harassment by co-workers or management. In order to avoid potential liability or increased exposure, employers must ensure…
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Categories: IADTC Articles
United States Supreme Court Issues Ruling on Tolling of State Law Employment Discrimination Claims After Federal Claims Dismissed
June 14th, 2018
Many times, federal district courts will dismiss a federal employment discrimination claim and decline to exercise supplemental jurisdiction over the plaintiff’s state law claims. The state law claims are typically included with the federal claims…
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Categories: IADTC Articles
Seventh Circuit Rules that Employers Do Not Have to Allow Extended Medical Leave as a “Reasonable Accommodation” Under the ADA
March 14th, 2018
Employers and attorneys frequently struggle with determining the amount of time to allow an employee to remain off work following the expiration of Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et. seq., leave as a reasonable accommodation und…
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Categories: IADTC Articles
Allowing Employee Medical Marijuana Use Can Be a Reasonable Accommodation
December 14th, 2017
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that Massachusetts’ general anti-discrimination law, which is almost identical to the Illinois Human Rights Act, requires employers to reasonably accommodate their employee’s off-si…
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Categories: IADTC Articles
Tips for Trying an Employment Case in Federal Court
September 14th, 2017
Over the past 24 years, I have had the privilege of trying employment discrimination and harassment lawsuits in federal courts in the United States District Courts for the Northern, Central, and Southern Districts of Illinois. An overwhelming number…
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Categories: IADTC Articles
The EEOC’s Enforcement Guidance on National Origin Discrimination
April 14th, 2017
In November 2016, the United States Equal Employment Commission (EEOC) issued an enforcement guidance communicating the Commission’s position on national origin discrimination under Title VII of the Civil Rights Act of 1964, as amended. EEOC Enforc…
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Categories: IADTC Articles
New Changes for Employer Wellness Programs
January 14th, 2017
Many employers adopt wellness programs with the goal of lowering health care costs, reducing absenteeism, achieving higher employee productivity, reducing workers’ compensation and disability-related costs, reducing injuries, and improving employee…
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Categories: IADTC Articles