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2017 Articles

Chair’s column By Carl R. Draper December 2017 Section Chair Carl Draper looks ahead to the hot topics in the labor & employment law field.
Court affirms that ‘disability harassment’ constitutes unlawful discrimination: A confirmation that certain truths are self-evident By Jolianne S. Walters & Glenn R. Gaffney 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.
Court parses Human Rights Act jury instructions By Michael R. Lied March 2017 The case of Schnitker v. Springfield Urban League, Inc. proves it is always helpful to read a decision that addresses jury instructions, particularly where there are no pattern instructions.
Employee’s suit for green-card sponsorship fails By Michael R. Lied April 2017 A discussion of Gason v. Dow Corning Corporation.
Employer flubs credit check on job applicant By Michael R. Lied February 2017 A summary of Catherine Ohle v. The Neiman Marcus Group.
Former employees must arbitrate ADEA claims on individual basis By Michael R. Lied October 2017 A summary of McLeod v. General Mills, Inc.
The importance of a doctor’s note: Medical documentation requirements under the Americans With Disabilities Act By A. Christopher Cox February 2017 A recent case from the Fifth Circuit, Delaval v. PTech Drilling Tubuluars, LLC, , reaffirmed the importance of a doctor’s note or other medical documentation for both employers and employees when dealing with issues of reasonable accommodation under the ADA.
Lawyers behaving badly By Michael R. Lied October 2017 It’s a bad idea for lawyers to threaten to call immigration authorities to gain advantage over another party.
Navigating mandatory arbitration in Cook County’s Law Division, Commercial Calendar Section By Nicole M. Anderson February 2017 In Cook County, a recent change in the Law Division now sends cases originally destined for trial within the Law Division to mandatory arbitration--but not the mandatory arbitration you’re used to.
Negligent hiring and supervision in Illinois By Michael R. Lied December 2017 A look at the recent cases of Susanna McNerney v. Muhtar Allamuradov, 303 TAXI, LLC, and Grand Transportation, Inc. and John Doe v. The Catholic Bishop of Chicago.
New I-9 form and employer handbook By Michael R. Lied August 2017 US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
NLRB rulings impede employer investigations By Michael R. Lied April 2017 In Banner Health System, a majority of the NLRB Panel found that a Human Resources Consultant JoAnn Odell unlawfully requested employees who were involved in a workplace investigation not to discuss the matter with their coworkers while the investigation was ongoing.
Pre-employment screening in Illinois By Lauryn E. Parks February 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Successor bus company violated National Labor Relations Act By Michael R. Lied August 2017 The recent case of Allways East Transportation, Inc. provides a good discussion of labor law successorship issues.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied October 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Top 10 wage violations in Illinois By David J. Fish August 2017 This article will help Illinois lawyers better serve their clients by identifying frequently overlooked wage claims.
When is it Weingarten? An employee’s right to a union rep during employer questioning By David Amerson April 2017 Despite its age, the 42-year-old U.S. Supreme Court decision in N.L.R.B. v. J. Weingarten, Inc., still generates confusion among employers attempting to heed it, and hesitancy among workers attempting to invoke it.
Why do powerful serial harassers get away with it for so long? By Richard T. Seymour December 2017 This article discusses the standards developed under Title VII of the Civil Rights Act of 1964, which forbids harassment based on sex, race, and other protected characteristics, and also forbids retaliation against those who oppose unlawful actions or participate in the Title VII enforcement process.