Publications

Articles on Employment Law

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.

The Seventh Circuit Clarifies Employers’ Duties Under the ADA

By Gregory H. Andrews
June
2001
Article
Page 313
Find out how recent opinions have refined and redefined the ADA.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

Must Illinois Employers Cover Infertility Treatments Under the ADA?

By R. Kirk Williams
May
2001
Article
Page 263
The answer: for employees in Illinois, yes; for employees in other states, probably not.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

Contractor or Employee: Be Sure to Get It Right

By Paul Sullivan
March
2001
Column
Page 149
You risk financial penalty if you treat an employee as an independent contractor.

The Legal Risks of Monitoring Employee Conduct

By Spencer R. Wood
March
2001
Article
Page 134
Employers face serious liability risks when they investigate and monitor workers.

Tort of retaliatory discharge does not extend to demotion

March
2001
Illinois Law Update
Page 116
On December 29, 2000, the First District of the Appellate Court of Illinois held that the plaintiff employee's alleged demotion did not constitute "discharge" as required of a retaliatory discharge claim, and that Illinois does not recognize a cause of action for retaliatory demotion.

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.

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