Publications

Section Newsletter Articles on Employment Law

Supreme Court expands categories of conduct that rise to retaliation claim under Title VII By Peter LaSorsa Corporate Law Departments, August 2006 On June 22, 2006 the United States Supreme Court issued a decision that corporations should pay particular attention to regarding employment law.
2005 Illinois Human Rights Commission decisions By Alisa B. Arnoff Labor and Employment Law, March 2006 Recent cases of interest to labor & employment law practitioners.  
Employer liability for harassment by non-employees By Stephen E. Balogh Labor and Employment Law, March 2006 In 1998, the Supreme Court told us that an employer would be liable, pursuant to Title VII, for conduct of its employee which creates an actionable hostile work environment.
A discrimination lawsuit filed by an individual in a protected class who alleges adverse employment action may proceed even though the individual’s replacement is a person in the same protected class By Paul E. Freehling Labor and Employment Law, January 2006 Suppose P, a person in a protected class, alleges that an adverse employment action—such as discharge, failure to hire, demotion, or failure to promote—resulted from, for example, age, disability, gender, national origin, pregnancy, racial or religious bias.
Civil [war] trial By Donald R. Tracy Labor and Employment Law, August 2003 Hagerstown is the county seat of Washington County, Maryland. Hagerstown is in Civil War country.
Your employee files for bankruptcy—Can you terminate employment? By Michael R. Lied and Tyler D. Petersen Commercial Banking, Collections, and Bankruptcy, May 2003 Your bank operates in a small town, maybe even in a town that is not so small. One of your lending officers files for bankruptcy, and the filing is reported in the newspaper.
Arbitration clauses in employment contracts: To do or not to do By Nile J. Williamson Alternative Dispute Resolution, December 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Arbitration clauses in employment contracts: to do or not to do By Nile J. Williamson Labor and Employment Law, May 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Employee drug-testing: Constructing effective programs that avoid the legal pitfalls By Donald R. Tracy Labor and Employment Law, April 2002 On the job drug-use by employees can dramatically affect workplace attitudes and performance.
IDHR stakeholder survey By Nile J. Williamson Labor and Employment Law, June 2001 Because the Labor and Employment Section Council of the Illinois State Bar Association meets approximately four to five times a year it was not possible to respond to the IDHR stakeholder survey until now.
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
Use of a tape-recorded voice sampling as a basis for an employment termination may violate the Employee Polygraph Protection Act By Anthony J. Jacob Young Lawyers Division, January 2000 Courts have consistently held that lie detector tests are unreliable to find whether a person is innocent or guilty of committing a crime or unauthorized act that would lead to the termination of the person's employment.
Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston Corporate Law Departments, August 1999 Title VII (42 U.S.C. section 2000e)
Employer to pay §5(b) attorney fees in employee’s tort action against third party By Bernard Wysocki and Diane B. Curtis General Practice, Solo, and Small Firm, February 1999 The Illinois Supreme Court held employer obligated to pay full amount of plaintiff's attorney fees pursuant to §5(b) unreduced by amount employer obligated to pay in contribution in a third-party tort action.