Publications

Illinois Bar Journal
Articles on Employment Law

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).
Exercise of control by employer over a contractor’s work may subject employer to liability May 2000 Illinois Law Update, Page 252 On March 1, 2000, the Appellate Court of Illinois, Third District, reversed the circuit court's grant of summary judgment to Midwest Grain Products, a grain processing company defending against an ironworker's negligence suit arising from injuries sustained in a construction accident.
The Lawyer’s Journal By Mark Mathewson May 2000 Column, Page 251 You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.
The Lawyer’s Role in Lawyer/Staff Relations By Paul Sullivan and Kettie A. Sprenger May 2000 Column, Page 287 Are you keeping up your side of the employer/employee relationship?
States as Defendants in Employment Litigation: Beyond Alden v Maine By James P. Hanlon and James J. Powers May 2000 Article, Page 280 The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.
Employee Noncompete and Nondisclosure Restrictive Covenants By Paul R. Kitch April 2000 Article, Page 230 A summary of Illinois law governing noncompete restrictive covenants, with tips for employers.
Use of undercover investigators may constitute claim for invasion of privacy April 2000 Illinois Law Update, Page 196 On January 13, 2000, the First Division of the Appellate Court of Illinois, reversed in part the circuit court of Cook County's judgment in favor of Kmart Corporation.
Correspondence from Our Readers March 2000 Column, Page 118 Avoiding SSA withholding
Plaintiff in Title VII suit need not show favorable treatment of similarly situated employees when plaintiff is the only discharged individual March 2000 Illinois Law Update, Page 128 On January 18, 2000, the Seventh Circuit reversed the district court for the Northern District of Illinois, Eastern Division's grant of summary judgment to defendant Quanex Corporation. 
Talking—and Listening—to Your Employees By Paul Sullivan March 2000 Column, Page 171 Taking the time to communicate with workers will pay dividends.