Publications

Illinois Bar Journal
Articles on Employment Law

The Lawyer’s Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Correspondence from Our Readers January 2000 Column, Page 6 More on modifying employee handbooks.
Kolstad v American Dental Association: Punitive Damages Under Title VII By David B. Ritter January 2000 Article, Page 36 After Kolstad, employee-plaintiffs seeking punitive damages need only prove that the employer intentionally discriminated, not that the conduct was egregious.
A plaintiff must introduce at least some evidence of the defendant’s payroll records to show that the defendant is an “employer” for purposes of a Title VII claim January 2000 Illinois Law Update, Page 16 On November 15, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s grant of the defendant’s motion for judgment as a matter of law since the plaintiff, Tina Mizwicki, failed to set forth sufficient evide evidence to show that the defendant was an “employer” for purposes of Title VII.
A retaliatory discharge complaint can be sustained even if the discharged employee has not filed a complaint with a public authority January 2000 Illinois Law Update, Page 16 The plaintiff, Doris Lanning, was employed by the defendant, Morris Mobile Meals, Inc., to deliver meals to customers’ homes.
The Lawyer’s Journal By Bonnie McGrath December 1999 Column, Page 632 One new rule clarifies notice-of-appeal filings in criminal cases...
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
Modifying Contract Disclaimers in Employee Handbooks After Doyle v Holy Cross Hospital By J. Stuart Garbutt and Joseph M. Friedman November 1999 Article, Page 580 The Illinois Supreme Court ruled last year that merely allowing employees to continue work may not constitute consideration for unilateral modifications of employee handbooks. Here's how to deal with Doyle.
Reading Between the Lines of Doyle: When Is New Consideration Required? By Tamara L. Vergara November 1999 Article, Page 584 If a document does not alter the presumption of at-will employment, it may be beyond the reach of Doyle, this author argues.
Employer Violates Pregnancy Discrimination Act When It Bases Discharge of Pregnant Employee on the Presumption of Future Absenteeism September 1999 Illinois Law Update, Page 460 On July 9, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the United States District Court for the Northern District of Illinois's determination that defendant/employer had violated the Pregnancy Discrimination Act, 42 USC §2000e(k).
The Lawyer’s Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
The New Legal Landscape for Workplace Sexual Harassment By Allison Despard August 1999 Article, Page 422 A review of recent law, with a focus on employer liability for supervisors' sexually harassing conduct.
Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law August 1999 Illinois Law Update, Page 406 On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.
Informal requests for intervention to union stewards do not toll the six month statute of limitations under the Labor Management Relations Act July 1999 Illinois Law Update, Page 351 On May 24, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's dismissal of the plaintiff's suit on the basis of a statute of limitations violation.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Monitoring E-mail in the Workplace: Employee Privacy and Employer Liability By Patrice S. Arend and Kathleen M. Holper June 1999 Article, Page 314 A look at issues that arise when employers monitor employee e-mail, and suggestions for developing a workplace e-mail policy.
The Dilemma of Jury Instructions in Federal Employment Discrimination Cases By Chief Judge Joe Billy McDade, Robin Washburne Cozette, and Kimberly Prince Klein May 1999 Article, Page 276 A review of the murky law in this area, with model jury instructions and special interrogatories to guide practitioners.
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
Part-Time Police Officers “Employed” by a Unit of Local Government May 1999 Illinois Law Update, Page 244 On March 3, 1999, the Attorney General published an opinion on two issues: (1) whether the use of the terms "employment'' and "employed'' in the definitions of the phrases.
In three instances, a parent and subsidiary corporation may be considered an “integrated enterprise” under federal April 1999 Illinois Law Update, Page 190 On February 8, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the holding of the United States District Court and held that a parent corporation can only be integrated with a subsidiary for purposes of determining whether the employer had a requisite number of employees for coverage by three federal anti-discrimination statutes.
Representing Workers Under the Fair Labor Standards Act and Illinois Minimum Wage Law By Peter S. Rukin April 1999 Article, Page 208 A primer on these important worker protection laws.
Unilateral modifications to an employee handbook that disadvantage an employee fail for lack of consideration April 1999 Illinois Law Update, Page 190 On February 19, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court when it held that an employer may not unilaterally alter the terms of a contract to an employee's disadvantage in the absence of a reservation of the right by the employer to make such a change.
Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law By David E. Krchak March 1999 Article, Page 160 A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.
An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge March 1999 Illinois Law Update, Page 130 On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.
“On-call” time at home not considered ``work” for emergency medical technicians under the Fair Labor Standards Act March 1999 Illinois Law Update, Page 130 On January 7, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the holding of the United States District Court finding that hours spent by emergency medical technicians (EMTs) "on-call'' was not considered performing work within the meaning of the Fair Labor Standards Act.
The Lawyer’s Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...
Remarks by a supervisor made prior to a reduction in employee duties are not probative of discriminatory intent in the termination of that employee five months later. February 1999 Illinois Law Update, Page 73 On December 3, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's grant of summary judgment to Ameritech, the defendant.
The Lawyer’s Journal By Bonnie McGrath January 1999 Column, Page 10 ADA plaintiffs must be accommodating.
To prove a prima facie case of discrimination under the Human Rights Act, the plaintiff must show that she is handicapped as defined in that Act January 1999 Illinois Law Update, Page 13 On November 12, 1998, the first district of the Illinois Appellate Court held that the city's failure to consider accommodations in its hiring decisions regarding the blind plaintiff did not rise to the level of unlawful discrimination under the Human Rights Act because the plaintiff was not considered handicapped within the meaning of the Act.
The Lawyer’s Journal By Bonnie McGrath December 1998 Column, Page 658 RICO and privacy and fraud (and family law), oh my!