Illinois Bar Journal


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Articles on Employment Law

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 S. 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.
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.