By: Jessica Jackler On June 17, the EEOC updated its Coronavirus Technical Assistance Questions and Answers, specifically addressing the use of antibody tests under the ADA. The guidance concludes that in light of recent interim guidelines from the CDC, employers requiring antibody testing before allowing its employees to re-enter the […]

By: Storrs Downey & Jessica Jackler In a long-awaited landmark decision, the U.S. Supreme Court issued its ruling on June 15, holding that Title VII protects LGBTQ workers against discrimination. Justice Neil Gorsuch wrote the majority opinion in the 6-3 ruling, which decided three employment discrimination cases involving the reach […]

By: Cary Schwimmer In Carrethers v McCarthy, Case No. 19-5712 (May 28, 2020), the 6th Circuit U.S. Court of Appeals confirmed that an employer may legitimately fire an employee if it believes that the employee falsified allegations of misconduct directed against him or her.  Carrethers, a civilian employee who worked […]

By: Jessica Jackler As a result of the pandemic, the EEOC will delay its pay data collections until 2021. The delay impacts private sector employers, EEO-1 filers. The EEOC is delaying the collections until 2021 to help ensure that employers are better positioned to provide accurate, valid and reliable data […]

By: Storrs Downey & Jessica Jackler Under both Illinois and federal law, employers are required to post notices regarding employees’ rights related to the COVID-19 pandemic. The DOL has issued posters regarding employee rights under the Families First Coronavirus Response Act (FFCRA). The poster advises employees of their rights to any paid leave […]

By: Rich Lenkov As we expected, Gov. Pritzker has signed HB2455, making it significantly easier for employees claiming COVID-19 to receive workers’ compensation benefits. Effective immediately, the new law provides a rebuttable presumption that COVID-19 was contracted out of and in the course of employment for first responders and front-line […]

Indiana income member Kirsten Kaiser Kus recently secured a fully favorable decision for a large tarp systems manufacturer.   Plaintiff alleged that he became seriously injured while moving a large 300 lb bulkhead in the course of employment. Plaintiff underwent an emergency L4-5 microdiscectomy and lumbar fusion at L4-5 with […]

  Romanucci & Blandin Founding Partner Antonio Romanucci discusses his representation of George Floyd’s family and the latest developments in the murder case. Legal Director of Institute for Constitutional Advocacy and Protection and Visiting Professor of Law at Georgetown University Mary McCord discusses Trump’s legal authority to declare Antifa a […]

By: Storrs Downey & Jessica Jackler As businesses contemplate reopening, there are many legal and personnel issues to first consider. It is imperative that employers come up with a detailed plan well in advance of reopening its doors. This article explores some potential pitfalls employers should be aware of and […]

Capital member Rich Lenkov was quoted in a Business Insurance article discussing efforts to close older workers’ compensation claims due to the pandemic in “More Legacy Comp Claims Closures Anticipated With Pandemic.” The pandemic’s significant economic impact has forced many claimants who previously declined settlement offers to request to settle their workers’ compensation claims […]