Publications

Articles on Employment Law

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

Confidential supervisory information disclosure

October
2000
Illinois Law Update
Page 563
On July 28, 2000, the Illinois Office of Banks and Real Estate adopted new sections to section 325 of the Illinois Administrative Code. 38 Ill Adm Code 325.

Employee must show more than temporal proximity to prove pretext on a retaliatory discharge claim

October
2000
Illinois Law Update
Page 563
On August 4, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, Kmart Corporation, with respect to the plaintiff's retaliatory discharge claim against the defendant.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

No-Fault Attendance Policies: How Employers Can Avoid FMLA Violations

By Daniel S. Alcorn
October
2000
Article
Page 597
Help employers design an attendance policy that complies with the Family and Medical Leave Act.

A preexisting condition does not bar recovery under the Workers’ Compensation Act if the preexisting injury is aggravated during the course of employment

October
2000
Illinois Law Update
Page 563
On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.

Covenant not to compete was held void as against public policy because it lacked specific durational and geographic restrictions

September
2000
Illinois Law Update
Page 500
On July 20, 2000, the seventh circuit court of appeals affirmed the district court's decision to grant summary judgment to the defendant.

The Lawyer’s Journal

By Bonnie C. McGrath
September
2000
Column
Page 496
Employment-discrimination "testers" pass muster; those dastardly dresser-drawer deeds; and more.

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.

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