Subject Index Employment Law

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 & 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 & 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 & 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 & 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, & 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.

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