Publications

Articles on Human Rights

All civil rights claims, whether based on federal or state law, shall be prosecuted in an administrative forum, as required by the Illinois Human Rights Act

July
2004
Illinois Law Update
Page 340
On April 12, 2004, the Fifth District Appellate Court held that the Circuit Court of St. Clair County did not have subject matter jurisdiction over an employee's Age Discrimination in Employment Act (ADEA) claim.

Counseling gay couples

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
While the issues that arise in gay relationships are familiar, the legal framework is different. It's a difference that family practitioners and estate planners should learn to navigate.

Little-noted Illinois Civil Rights Act takes effect January 1

By Helen W. Gunnarsson
October
2003
LawPulse
Page 486
Among other things, the new law allows attorney-fee awards to prevailing claimants.

Correspondence from Our Readers

June
2003
Column
Page 270
More on "the perniciousness of racism".

The ABCs of the ADA

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Every lawyer should know something about this far-reaching statute.

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."

Housing discrimination

October
2001
Illinois Law Update
Page 516
On July 17, 2001, the Illinois Department of Human Rights adopted amendments to section 2300 of the Illinois Administrative Code. 71 Ill Adm Code 2300.

Proposed amendment to the Illinois Human Rights Act would prohibit discrimination based on sexual orientation; H.B. 101

April
2001
Illinois Law Update
Page 170
State Representative Larry McKeon (D-Chicago) has introduced a bill that would make discrimination based on sexual orientation illegal in Illinois.

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.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

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.

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. 

Schools’ Liability for Student-on-Student Sexual Harassment Under Title IX

By James W. Hulbert and Linda C. Kramer
February
2000
Article
Page 88
A review of the impact — especially in Illinois — of the U.S. Supreme Court’s recent Davis v Monroe County School Board ruling.

Separate detention facilities for female sexually violent offenders

February
2000
Illinois Law Update
Page 68
On November 10, 1999, the Illinois Department of Human Services adopted amendments to section 299 of the Illinois Administrative Code. 59 Ill Adm Code 299.

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.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

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.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

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.

Dental office not included as a “place of public accommodation” as the term is defined under the Illinois Human Rights Act

July
1999
Illinois Law Update
Page 351
On May 7, 1999, the Illinois Appellate Court for the first district reversed the order and decision of the Illinois Human Rights Commission and held that a dental office was not a "place of public accommodation'' under the Illinois Human Rights Act Act, 775 ILCS 5/1-101 et seq.

The Lawyer’s Journal

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

Despite Governor Ryan’s Support, ``Non-Discriminatory Bill” Pertaining to Sexual Orientation Encounters Dificulties in the Illinois House; HB 474.

May
1999
Illinois Law Update
Page 244
If passed, House Bill 474 would add "sexual orientation'' to race, religion, sex, and eight other classifications already enumerated in the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.

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.

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.

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

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.

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