Section Newsletter Articles on Discrimination

Are hiring practices targeting college students discrimination under the ADEA? By Allison P. Sues Diversity Leadership Council, June 2017 Plaintiffs in Rabin v. Pricewaterhouse Coopers LLP assert that the firm’s hiring practices focused on attracting younger workers through their promotional materials, which featured only pictures of younger employees, stated that the majority of their workforce is made up of millennials, and described perks geared towards younger employees, such as student loan repayment assistance.
Hively v. Ivy Tech Community College: A noble decision that is legally incorrect By Kathryn E. Eisenhart Human Rights, June 2017 The dissenting judges used three methods of analysis to challenge the majority's opinion. Using their argument, author Kathryn Eisenhart believes the court arrived at an incorrect conclusion as a matter of law.
Hively v. Ivy Tech: Seventh Circuit holds that sexual orientation discrimination is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964 By Robert Heuer Human Rights, June 2017 This decision makes the Seventh Circuit the highest court in the nation to hold that sexual orientation discrimination is a form of sex discrimination under Title VII.
Court affirms that ‘disability harassment’ constitutes unlawful discrimination: A confirmation that certain truths are self-evident By Jolianne S. Walters and Glenn R. Gaffney Labor and Employment Law, March 2017 Despite the Second District’s analysis and findings in Rozsavolgyi v. City of Aurora,, the City has moved to appeal to the Illinois Supreme Court, where it is currently pending.
Office of Special Counsel provides discrimination guidance By Michael R. Lied International and Immigration Law, February 2017 In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
Required exhaustion of remedies in discrimination cases: Good-faith attempts and bureaucratic inaction can be fatal to a claim By Carl R. Draper Labor and Employment Law, December 2016 Recently, the United States Court of Appeals for the Seventh Circuit decided Carlson v. Christian Brothers Services, which gave a sharp identification of the exacting nature of the exhaustion requirement.
Thoughts on Serial and bias By Tracy Douglas Women and the Law, October 2016 In 2014, the Serial podcast examined the conviction of Adnan Syed in Maryland. There has been much discussion of what went wrong and mistakes by cops and attorneys, but there was not a lot of discussion of the racial and gender bias that may have played a role.
I know it when I see it By Emily M. Johns Bench and Bar, September 2016 Although Illinois has anti-sexual harassment legislation in place, due to society’s recent awareness of the transgender community there is a rising tide of sexual harassment issues that are becoming more prevalent and need to be addressed.
Does the Immigration and Nationality Act allow discrimination based on religion? By Cindy G. Buys International and Immigration Law, June 2016 Why would Congress ban discrimination on these other common grounds, but not include religion?
Don’t go to federal court if you are claiming employment for sexual orientation By Kathryn E. Eisenhart Human Rights, March 2016 There are more protected categories under the Illinois Human Rights Act.
Employer bungles handling of discrimination charge By Michael R. Lied Labor and Employment Law, December 2015 A summary of Windsor Clothing Store v. Castro.
The ISBA and Taft Stettinius & Hollister LLP co-host a seminar titled “Workplace Discrimination: Current Issues in Employment Law” Racial and Ethnic Minorities and the Law, June 2015 A recap of this popular program, which was held in April.
Parent with developmental disability discriminated against by Massachusetts in violation of ADA and Section 504 of the Rehabilitation Act By Patti Werner Mental Health Law, June 2015 To permit termination of parental rights based on the “inability to discharge parental duties,” without identifying those duties or defining how they are measured, invites the same kinds of presumptions and stereotypes that the DOJ and HHS found violated the ADA in the Massachusetts case.
United States Supreme Court holds that “similarly situated competitors” in a jurisdiction represent a comparison class and equivalent comparable state taxes to be considered in deciding discrimination By David J. Kupiec, Natalie M. Martin, and Evan W. Schanerberger State and Local Taxation, May 2015 A summary of the recent case of Alabama Department of Revenue et al. v. CSX Transportation, Inc.
United States Supreme Court holds that “similarly situated competitors” in a jurisdiction represent a comparison class and equivalent comparable state taxes to be considered in deciding discrimination By David J. Kupiec, Natalie M. Martin, and Evan W. Schanerberger Energy, Utilities, Telecommunications, and Transportation, May 2015 A summary of the recent case of Alabama Department of Revenue et al. v. CSX Transportation, Inc.
District court finds truck drivers to be contractors not employees, and grants summary judgment to motor carrier in discrimination case By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, November 2014 A summary of the recent case of Silic v. BBS Trucking, Inc.
Employment Law Update: Who is a Supervisor? Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas General Practice, Solo, and Small Firm, October 2014 General practitioners should be aware of the narrow definition of supervisor and the limitation proof of retaliation when considering taking on employment discrimination and retaliation cases.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Diversity Leadership Council, June 2014 An examination of two recent U.S. Supreme Court rulings and a discussion of their impact on Civil Rights Act claims.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, October 2013 Recent cases of interest to employment law practitioners.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Labor and Employment Law, September 2013 In a pair of 5-4 decisions this past June, the Supreme Court limited the definition of supervisor and increased the standard of causation for retaliation under Title VII of the Civil Rights Act.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Women and the Law, August 2013 In a pair of 5-4 decisions this past June, the Supreme Court limited the definition of supervisor and increased the standard of causation for retaliation under Title VII of the Civil Rights Act.
Otto May, Jr. v. Chrysler Group LLC: Anatomy of the largest employment discrimination verdict in Illinois history By Stephen E. Balogh Labor and Employment Law, August 2013 Regardless of how and when this lawsuit finally resolves, it remains that the Clerk of the U.S. District Court for the Northern District of Illinois has anecdotally informed the district judge and the parties that the verdict entered by the jury of eight people in the courtroom in Rockford, Illinois, on September 2, 2009, stands as the largest award in a single-plaintiff employment discrimination case in any district court in Illinois.
Tips prior to filing discrimination cases in federal court By Peter LaSorsa Federal Civil Practice, December 2012 The author provides his strategies for pursuing a sexual harassment case in federal court.
Not all majority opinion assignment systems are equal By Hon. Michael B. Hyman Bench and Bar, June 2012 The Illinois Supreme Court has long followed a rotation system in assigning majority opinions, which a recent study called “most effective in promoting race and gender equality in opinion-writing assignments.”
Plaintiff’s challenge to employer’s light duty policy fails By Michael R. Lied Labor and Employment Law, June 2012 Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Human resources director allegedly makes admissions of discrimination and retaliation By Michael R. Lied Labor and Employment Law, March 2012 A summary of the recent case of Makowski v. SmithAmundsen LLC.
Update: Against the best interest of children: Religious discrimination, civil unions, foster care and adoption By Linda S. Coon Child Law, November 2011 A discussion of the reasons for the ISBA Child Law Legislation Subcommittee's opposition to a bill in the Illinois Senate that would have amended the Civil Union Act to allow "religious child welfare agencies" to discriminate under some circumstances.
Court rejects employee’s discrimination and retaliation claims By Michael R. Lied Labor and Employment Law, October 2011 The court of appeals wrote that no reasonable jury could find that the delivery of a verbal warning, based on a complaint from a coworker, constituted an adverse employment action or created an objectively hostile work environment.
ISBA Assembly supports U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)—What happens next? By Annemarie E. Kill Diversity Leadership Council, June 2011 The ISBA has taken a lead as one of the few bar associations to pass a formal resolution in support of CEDAW.
Motor carrier defeats HIV-positive driver’s ADA and related claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 The case of EEOC v. C.R. England, Inc. will be helpful to motor carriers and others as it answers some fundamental questions that arise from the ADA statute which have not been previously addressed in detail by the courts.