Strict Liability for Sexual Harassment by SupervisorsBy Cynthia Hyndman, Robert Margolis, and Aleeza StrubelSeptember 2009Article, Page 454The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?
Sexual harassment and the chain of commandBy Helen W. GunnarssonJune 2009Lawpulse, Page 278Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.
“Rape Shield” for Civil LawsuitsBy Helen W. GunnarssonMay 2009Lawpulse, Page 220An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.
Personnel rules for public officials and employees revisedDecember 2008Illinois Law Update, Page 612The Illinois Office of the Secretary of State made several changes to Title 80, Subtitle B, Chapter II, Part 420, Personnel Rules, Pay Plans, and Position Classifications. 80 Ill Adm Code 420.
R U monitoring employees’ text messages?By Helen W. GunnarssonSeptember 2008Lawpulse, Page 438 An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.
Court upholds penalty against employer for not withholding income for child supportJuly 2008Illinois Law Update, Page 340On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
No discretionary immunity for retaliatory discharge of employeeJune 2008Illinois Law Update, Page 284On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.