Summarizes U.S. Supreme Court ruling that ends use of “background circumstances” rule in reverse discrimination cases in employment law. Explores concurring opinion written by Justice Thomas that questions the McDonnell Douglas framework.
Summarizes multiple changes and additions to nine Illinois employment acts, laws, and provisions that become effective on January 1, 2025.
Discusses some of the advantages and possible legal concerns of utilizing AI in the hiring process, including a review of issues highlighted in the California employment discrimination case of Mobley v. Workday Inc.
Summarizes employment-related changes to Illinois’ Human Rights Act made in Illinois House Bill 3773. The changes relate to the use of Artificial Intelligence/Generative AI in employment-related decisions and practices.
Summarizes the significance of Illinois SB 2979, which significantly reduces the damages available under Illinois’ BIPA and limits the danger of catastrophic damages awards that could bankrupt smaller employers.
Summarizes provisions of FTC’s new ban on noncompete agreements and offers several suggestions businesses could use as alternatives.
Describes recent changes and additions to Illinois employment laws that mean employers should review and update their employee handbooks and policies.
Summarizes the need for standards to facilitate best practices for internal investigations and presents an overview of the new ISO TS 37008 standard.
Analyzes U.S. Supreme Court’s decision to change how employers interpret undue hardship when evaluating employee workplace religious accommodation requests.
Explains changes made to appropriate venues for challenging Illinois administrative rules, executive orders, and constitutionality of state laws. Includes pros and cons of those changes.
Analyzes the FTC’s proposed ban on noncompete agreements, including what employers should do to prepare for its possible implementation.
Analyzes several recent court cases seeking to determine if NCAA athletes must be classified as employees and therefore subject to being paid minimum wages.
Discusses how to determine whether harassment claims filed in Missouri will be judged under the “contributing” or “motivating” factor standard.
Discusses terms of Illinois’ Paid Leave for All Workers Act, including who’s covered, how to comply, and consequences for non-compliance.
Examines ways Missouri employers could increase their pool of potential job applicants by altering or eliminating their marijuana drug testing policies
Offers four strategies manufacturers should consider when crafting and implementing diversity and inclusion initiatives
Reviews statutory changes to four Illinois employment laws that became effective in 2022
Analysis of important legal restrictions for employers and expanded protections for employees under 2022 amendments to Illinois’ Freedom to Work Act
Examines Missouri Supreme Court ruling on co-employee immunity under 2012 Workers’ Compensation Act amendment. Includes discussion of dissenting opinion
Summarizes 11/1/21 Puerto Rico District Court decision denying motion for preliminary injunction of COVID-19 vaccine mandate for executive branch employees
Summarizes 11/4/21 Second Circuit decision upholding New York’s vaccine mandate for certain employees of healthcare facilities
Summarizes 10/25/21 Massachusetts’ District Court decision to deny motion for preliminary injunction against state COVID-19 vaccine mandate
Summarizes 10/25/21 Eastern District of Washington decision to deny request for temporary restraining order against state COVID-19 vaccine mandates
Summarizes 10/21/21 South Carolina District Court decision to deny request for temporary restraining order against various municipal COVID-19 vaccine mandates
Analyzes legal issues an employer should consider before implementing a mandatory COVID-19 vaccination program for its employees
Outlines legal implications (e.g., nondiscrimination laws and liability issues) employers should consider before administering COVID-19 vaccinations
Illinois Court constricts ways to bring Human Rights Act claims for workplace discrimination against defunct employers’ corporate successors
Analysis of new guidelines Illinois employers face for increasing minimum wages and gas taxes, as well as workplace harassment rules
A wide variety of employment-related statutory changes went into effect in Illinois this year. These include important amendments to the Illinois Human Rights Act (IHRA), such as P.A. 101-0430, which, effective July 1, 2020, expanded the definition of an employer to cover any person employing at least one (not fifteen) employee(s). Additionally, P.A. 101-0221—which enacted the Workplace Transparency Act, the Sexual Harassment Victim Representation Act, and the Hotel and Casino Employee Safety Act and which amended the IHRA, the Victims’ Economic Security and Safety Act ...
On August 28, 2017, several new, employer-friendly provisions of the Missouri Human Rights Act (MHRA) took effect. Since then, the Missouri Supreme Court has issued a string of employment law opinions favorable to employers. Most recently, the Supreme Court struck a victory for employers defending retaliation claims asserted under the MHRA based upon requests for accommodation of disability. In the case Li Lin v. Ellis, SC 97641, 2020 WL 203145 (January 14, 2020)*, the Court held as an issue of first impression that an employee’s mere request for accommodation of a disability was ...
In 2019, 72,675 Charges were filed with the Equal Employment Opportunity Commission (EEOC). Frequently, EEOC Charges are filed regardless of whether the claim has any merit. Since the EEOC has the authority to investigate regardless of whether there is reasonable cause to believe discrimination occurred, any EEOC Charge is going to cost an employer time, effort, and money to deal with it.
During the EEOC’s investigation, the employer and the Charging Party will be asked to provide information related to the Charge. The EEOC may ask an employer to: 1) submit a statement of position ...
While movies and television shows never include a scene about jury instructions, in which the attorneys make impassioned (but boring) arguments about comma placement and the definitions of commonly used words, trial attorneys recognize that jury instructions can make or break a case. In a recent employment discrimination trial in Springfield, Illinois, faulty jury instructions may have cost the plaintiff a verdict in her favor, damages in the amount of $100,000, and attorney’s fees for a case that has been litigated since 2011.
The case of Schnitker v. Springfield Urban League ...
Does your company monitor its network or devices for network security or data confidentiality? Does your company have any policies or practices that seek access to any employees’ personal online accounts? If so, a recent amendment to Illinois’ Right to Privacy in the Workplace Act (“Act”) may require your company to adopt or revise its policies or practices to comply with the law.
Expands the scope of protected content. The amendment has shifted the focus from social networking accounts or profiles to personal online accounts (POAs). A POA is “an online account, that is ...
The Missouri Court of Appeals recently rendered unenforceable employment contracts seeking to bind “at-will” employees unless there is consideration from the employer beyond an offer of employment. In Kathryn Jimenez v. Cintas Corporation, et al., No. ED101015 & ED1011241 (Mo. App. E.D. Jan. 13 2015), the Eastern District held that an offer for at-will employment, regardless of whether the offer from the employer was for new employment or continued employment, does not constitute sufficient consideration to form a binding employment contract.
Kathryn Jimenez began ...
Password protection may not sustain confidentiality
Passwords aren’t just for email these days. From jumping on a wi-fi network, to making a phone call, to downloading a song, everything electronic now seems under the proverbial lock and key, albeit a digital one. One recent decision from the Delaware Court of Chancery confronted this reality, holding that “merely password protecting” certain information did not constitute “reasonable efforts to protect the confidentiality of that information” and therefore, the information at issue could not be considered a trade ...
