The newsletter of the ISBA’s Section on Labor & Employment Law
Browse articles by year: 2013 (30)
Newsletter articles from 2012
Accusing employee of “Playing the race card” keeps his case alive
Employee's history of complaints and Plant Manager's “race card” statements were deemed enough to allow employee to survive summary judgment on his retaliation claim. The court of appeals reversed the grant of summary judgment and remanded for further proceedings in Burnell v. Gates Rubber Co.
The Seventh Circuit found that forcing a pregnant employee to take an unpaid leave of absence due to her inability to perform essential job functions constitutes a materially adverse employment action, even if it was done pursuant to official company policy.
Drafting enforceable customer solicitation restrictions
The primary drafting problem is the scope of restricted customers. A ban as to all customers risks being held overbroad and unenforceable, especially if the employer dominates the relevant market, has a large number of customers spread across a wide geographic area, or has distinct product lines or services that draw different types of customers.
Drafting enforceable restrictions on recruiting employees
To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Illinois Employee Credit Privacy Act
Prior to the Act, which went into effect on January 1, 2011, it was increasingly common for employers to obtain credit reports on prospective employees on the theory that negative credit ratings could predict work place problems.
Is obesity a disability? An analysis of obesity under the ADAAA
The Americans with Disabilities Act Amendment Act was enacted in 2008. Prior to the Amendments, the ADA specifically did not cover obesity, only morbid obesity. The Amendments Act is purposefully silent on whether obesity is covered as a disability. This leaves much room for interpretation on whether obesity is a disability for the purposes of the ADA and the ADA Amendments Act.
Plaintiff’s challenge to employer’s light duty policy fails
Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
The Illinois Sales Representative Act is a robust piece of legislation that arms independent contractors paid commission by their principals with formidable ammunition in the event of a breach.