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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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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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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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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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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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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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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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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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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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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