Publications

Articles on Employment Law

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.

Informal requests for intervention to union stewards do not toll the six month statute of limitations under the Labor Management Relations Act

July
1999
Illinois Law Update
Page 351
On May 24, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the district court's dismissal of the plaintiff's suit on the basis of a statute of limitations violation.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Monitoring E-mail in the Workplace: Employee Privacy and Employer Liability

By Patrice S. Arend and Kathleen M. Holper
June
1999
Article
Page 314
A look at issues that arise when employers monitor employee e-mail, and suggestions for developing a workplace e-mail policy.

The Dilemma of Jury Instructions in Federal Employment Discrimination Cases

By Chief Judge Joe Billy McDade, Robin Washburne Cozette, and Kimberly Prince Klein
May
1999
Article
Page 276
A review of the murky law in this area, with model jury instructions and special interrogatories to guide practitioners.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Part-Time Police Officers “Employed” by a Unit of Local Government

May
1999
Illinois Law Update
Page 244
On March 3, 1999, the Attorney General published an opinion on two issues: (1) whether the use of the terms "employment'' and "employed'' in the definitions of the phrases.

In three instances, a parent and subsidiary corporation may be considered an “integrated enterprise” under federal

April
1999
Illinois Law Update
Page 190
On February 8, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the holding of the United States District Court and held that a parent corporation can only be integrated with a subsidiary for purposes of determining whether the employer had a requisite number of employees for coverage by three federal anti-discrimination statutes.

Representing Workers Under the Fair Labor Standards Act and Illinois Minimum Wage Law

By Peter S. Rukin
April
1999
Article
Page 208
A primer on these important worker protection laws.

Unilateral modifications to an employee handbook that disadvantage an employee fail for lack of consideration

April
1999
Illinois Law Update
Page 190
On February 19, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court when it held that an employer may not unilaterally alter the terms of a contract to an employee's disadvantage in the absence of a reservation of the right by the employer to make such a change.

Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law

By David E. Krchak
March
1999
Article
Page 160
A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.

An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge

March
1999
Illinois Law Update
Page 130
On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.

“On-call” time at home not considered ``work” for emergency medical technicians under the Fair Labor Standards Act

March
1999
Illinois Law Update
Page 130
On January 7, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the holding of the United States District Court finding that hours spent by emergency medical technicians (EMTs) "on-call'' was not considered performing work within the meaning of the Fair Labor Standards Act.

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

Remarks by a supervisor made prior to a reduction in employee duties are not probative of discriminatory intent in the termination of that employee five months later.

February
1999
Illinois Law Update
Page 73
On December 3, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's grant of summary judgment to Ameritech, the defendant.

The Lawyer’s Journal

By Bonnie McGrath
January
1999
Column
Page 10
ADA plaintiffs must be accommodating.

To prove a prima facie case of discrimination under the Human Rights Act, the plaintiff must show that she is handicapped as defined in that Act

January
1999
Illinois Law Update
Page 13
On November 12, 1998, the first district of the Illinois Appellate Court held that the city's failure to consider accommodations in its hiring decisions regarding the blind plaintiff did not rise to the level of unlawful discrimination under the Human Rights Act because the plaintiff was not considered handicapped within the meaning of the Act.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

Independent contractors are not considered to be employees under the ADEA

November
1998
Illinois Law Update
Page 596
On September 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that the defendant, the North Knox School District.

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
Page 590
Post-Ellerth business boom?

Six-month distance between EEOC claim and agency rehiring too great to show the requisite causal link in ADEA retaliation claim

November
1998
Illinois Law Update
Page 596
On September 17, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's judgment that the plaintiffs had failed to show that the defendant agency had violated the Age Discrimination in Employment Act (ADEA) by retali retaliating against them after a claim was brought with the EEOC for wrongful discharge.

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