Publications

Illinois Bar Journal

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Articles on Employment Law

Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay June 2003 Illinois Law Update, Page 280 On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Tandem state-federal claim produces big results in employment case By Helen W. Gunnarsson April 2003 LawPulse, Page 162 An ISBA member combined a state common law intentional infliction of emotional distress claim with an FMLA claim to win a huge federal trial court judgment for his client.
Unfinished Business: The U.S. Supreme Court’s Recent Labor-and-Employment Cases By Douglas A. Darch April 2003 Article, Page 188 A review of the U.S. Supreme Court's remarkably large output of labor-and-employment cases in 2002.
What HIPAA’s Privacy Regs Mean for Employers and Group Health Plans By Aaron W. Brooks April 2003 Article, Page 192 Guidance for lawyers and their employer clients.
Public-employee pension pitfall By Helen W. Gunnarsson March 2003 LawPulse, Page 110 Teachers, police officers, and other government workers charged with crimes related to their official duties have one thing in common ; they all face the loss of their pensions, a fact their lawyers should keep in mind.
The devil in the details of domestic-partner benefits By Helen W. Gunnarsson November 2002 LawPulse, Page 578 More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.
A Guide to EEOC Mediations By Mary B. Manzo November 2002 Article, Page 607 Pointers about the EEOC program from the Chicago office's ADR coordinator.
Fee tax turns employment-lawsuit winner into loser By Helen W. Gunnarsson October 2002 LawPulse, Page 506 Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.
Defendant’s failure to assign plaintiff tasks that were given to more experienced employees did not constitute a materially adverse employment action under Title VII September 2002 Illinois Law Update, Page 454 On July 12, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the grant of summary judgment to the Illinois Department of Transportation (IDOT) in a suit brought by an employee under Title VII.
Employers need not hire workers for jobs that threaten health By Helen W. Gunnarsson August 2002 LawPulse, Page 392 The ADA does not require employers to hire employees for jobs that would pose a "direct threat" to the candidates health, the Supreme Court ruled.
New 7CA limits on arbitration agreements By Helen W. Gunnarsson June 2002 LawPulse, Page 282 Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.
The ABCs of the ADA By Helen W. Gunnarsson May 2002 LawPulse, Page 226 Every lawyer should know something about this far-reaching statute.
Nursing Mothers in the Workplace Act P.A. 92-0068 May 2002 Illinois Law Update, Page 232 Gov. Ryan recently approved legislation creating the Nursing Mothers in the Workplace Act.
Tax Consequences of Settlement in Employment Litigation By Nile J. Williamson May 2002 Article, Page 263 Lawyers should allocate settlement proceeds so their clients can avoid tax—but sometimes it's easier said than done.
Preventive Legal Care for Workplace Violence By Helen W. Gunnarsson February 2002 LawPulse, Page 62 Counsel your employer-clients to address workplace violence before it happens.
Are Plant-Shutdown Pension Benefits Protected? By Michael F. Tomasek January 2002 Article, Page 43 Federal courts are split on the issue.
Employee’s Hepatitis B did not substantially limit a major life activity under the Americans with Disabilities Act January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals affirmed the grant of summary judgment for a former employer, holding that "liver function" was not a major life activity under the Americans with Disabilities Act, 42 USC § 12101 et seq.
In dismissing action, court converted employer’s motion to dismiss into a motion for summary judgment, and thus was required to permit parties to engage in discovery January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals reversed the district court's dismissal of plaintiff Covington's ADA claim.
Responding to employees’ security fears By Helen W. Gunnarsson January 2002 LawPulse, Page 10 Post-September 11, it's more important than ever to respond appropriately to employee worries about safety in the workplace. But that doesn't mean acceding to unreasonable demands, a Chicago lawyer says.
Disaster volunteers December 2001 Illinois Law Update, Page 624 On September 14, 2001, the Illinois Department of Central Management Services adopted an emergency amendment to section 303 of the Illinois Administrative Code. 80 Ill Adm Code 303.
Preventive legal care for employers By Helen W. Gunnarsson December 2001 LawPulse, Page 620 A Chicago attorney offers employment-law audits to her clients. Should you do the same?
Plaintiff employee who was not handicapped under the guidelines of the Human Rights Act was not discriminated against when his employer terminated him November 2001 Illinois Law Update, Page 568 On July 31, 2001, the Appellate Court of Illinois, First District, affirmed the order of the Human Rights Commission concluding that the commission's finding that the plaintiff's employer, R.B. Hayward and Company, did not discriminate against him based on a handicap or a perceived handicap "was not against the manifest weight of the evidence."
When direct evidence of discriminatory intent in denying job training is present, plaintiff need not show that the denial was materially adverse to employment October 2001 Illinois Law Update, Page 516 On July 3, 2001, the seventh circuit court of appeals affirmed in part and vacated in part the lower court's grant of summary judgment to the defendant, Caterpillar, Inc.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
Understanding Illinois Noncompetition Agreements and Restrictive Covenants By Gene A. Petersen September 2001 Article, Page 472 Tips on how to draft enforceable restrictive covenants.
The Lawyer’s Journal By Bonnie C. McGrath August 2001 Column, Page 394 Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.
Correspondence from Our Readers July 2001 Column, Page 334 Infertility treatments and self-insured employers.
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.