Publications

Illinois Bar Journal
Articles on Employment Law

The Lawyer's Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
Noncompete clauses may be prohibited in most broadcasting employee contracts; S.B. 720 June 2001 Illinois Law Update, Page 286 Certain broadcasting employees may soon enjoy greater freedom under a recent bill passed by both the Illinois House and Senate.
The Seventh Circuit Clarifies Employers' Duties Under the ADA By Gregory H. Andrews June 2001 Article, Page 313 Find out how recent opinions have refined and redefined the ADA.
The Lawyer's Journal By Bonnie C. McGrath May 2001 Column, Page 226 Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.
Must Illinois Employers Cover Infertility Treatments Under the ADA? By R. Kirk Williams May 2001 Article, Page 263 The answer: for employees in Illinois, yes; for employees in other states, probably not.
The Lawyer's Journal By Bonnie C. McGrath April 2001 Column, Page 166 Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.
Contractor or Employee: Be Sure to Get It Right By Paul Sullivan March 2001 Column, Page 149 You risk financial penalty if you treat an employee as an independent contractor.
The Legal Risks of Monitoring Employee Conduct By Spencer R. Wood March 2001 Article, Page 134 Employers face serious liability risks when they investigate and monitor workers.
Tort of retaliatory discharge does not extend to demotion March 2001 Illinois Law Update, Page 116 On December 29, 2000, the First District of the Appellate Court of Illinois held that the plaintiff employee's alleged demotion did not constitute "discharge" as required of a retaliatory discharge claim, and that Illinois does not recognize a cause of action for retaliatory demotion.
Child labor in the entertainment industry February 2001 Illinois Law Update, Page 60 On November 20, 2000, the Illinois Department of Labor enacted an emergency amendment to section 250 of the Illinois Administrative Code. 56 Ill Adm Code 250.
The ADA does not automatically exclude those who use a mitigating device to combat the effects of their impairment from being disabled within the meaning of the ADA January 2001 Illinois Law Update, Page 14 On November 8, 2000, the seventh circuit court of appeals reversed the district court's grant of summary judgment to the defendant, Sears, Roebuck & Co., on the EEOC's claim under the Americans with Disabilities Act (ADA).
The Lawyer's Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Employee leasing companies December 2000 Illinois Law Update, Page 690 On September 22, 2000, the Illinois Department of Employment Security (department) adopted a new section as an emergency amendment to section 2732 of the Illinois Administrative Code. 56 Ill Adm Code 2732.
Employee's comments regarding employer's possible violation of food inspection rules were protected speech November 2000 Illinois Law Update, Page 624 On September 5, 2000, the seventh circuit court of appeals reversed the district court's grant of summary judgment to the defendants, Hasara and Danner, officials of the city of Springfield, on Myers claim under 42 USC § 1983 alleging violations of her constitutional rights.
The Lawyer's Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Confidential supervisory information disclosure October 2000 Illinois Law Update, Page 563 On July 28, 2000, the Illinois Office of Banks and Real Estate adopted new sections to section 325 of the Illinois Administrative Code. 38 Ill Adm Code 325.
Employee must show more than temporal proximity to prove pretext on a retaliatory discharge claim October 2000 Illinois Law Update, Page 563 On August 4, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, Kmart Corporation, with respect to the plaintiff's retaliatory discharge claim against the defendant.
The Lawyer's Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
No-Fault Attendance Policies: How Employers Can Avoid FMLA Violations By Daniel S. Alcorn October 2000 Article, Page 597 Help employers design an attendance policy that complies with the Family and Medical Leave Act.
A preexisting condition does not bar recovery under the Workers' Compensation Act if the preexisting injury is aggravated during the course of employment October 2000 Illinois Law Update, Page 563 On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.
Covenant not to compete was held void as against public policy because it lacked specific durational and geographic restrictions September 2000 Illinois Law Update, Page 500 On July 20, 2000, the seventh circuit court of appeals affirmed the district court's decision to grant summary judgment to the defendant.
The Lawyer's Journal By Bonnie C. McGrath September 2000 Column, Page 496 Employment-discrimination "testers" pass muster; those dastardly dresser-drawer deeds; and more.
County hospital and employees immune from liability for failure to diagnose breast cancer August 2000 Illinois Law Update, Page 438 On June 15, 2000, the Illinois Supreme Court affirmed the lower court's grant of summary judgment to the defendants under the Local Government and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1-101 et seq. (West 1992)).
Day labor service registration August 2000 Illinois Law Update, Page 438 On April 17, 2000, the Illinois Department of Labor adopted eight new sections to section 260 of the Illinois Administrative Code. 56 Ill Adm Code 260.
Employer's statements relating to age did not provide evidence of age discrimination August 2000 Illinois Law Update, Page 438 On June 16, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, CSC Consulting Inc. (CSC).
Correspondence from Our Readers July 2000 Column, Page 370 Escape Alden restrictions by crossing the border?  
Drawing the Boundaries of Negligent-Hiring Claims By Jeffrey A. Blevins and Gregory J. Schroedter July 2000 Article, Page 413 The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.
The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions By Tod A. Lewis July 2000 Article, Page 392 Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.
Sexual harassment claim as defined under Title VII requires allegation of sex discrimination July 2000 Illinois Law Update, Page 380 On May 1, 2000, the seventh circuit court of appeals held that the plaintiffs' allegation of sexual harassment by their supervisor failed to state a cause of action under Title VII because the plaintiffs failed to show that the harassment occurred because of sex discrimination.
States may not be sued under ADA in private action in federal court June 2000 Illinois Law Update, Page 310 On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).
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