By: Cary Schwimmer Lawyers who conduct union-avoidance training for management always include “TIPS” — the acronym for the four things an employer can’t do to employees when there is pro-union activity going on in the company: THREATEN INTERROGATE (including soliciting grievances from employees) PROMISE (including impliedly promising to fix what […]

By: Storrs Downey Employers may be successful in defending discrimination claims by providing evidence that similarly situated employees were not treated more favorably than the plaintiff. In McDaniel v. Progress Rail Locomotive, Inc., No. 18-3565 (7th Cir. 10/9/19), plaintiff was a 55 year-old material specialist for a diesel-electric locomotive and […]

By: Storrs Downey A large international industrial company recently agreed to pay $140,000 to settle a federal court disability suit brought by the EEOC. An employee with cancer was reportedly fired for poor attendance. The employee requested unpaid leave to attend medical appointments and treatment for her serious health condition. […]

By: Cary Schwimmer Employee abuse of intermittent FMLA leave is a continual problem for many employers. When an employee seeks intermittent FMLA leave for their own health condition, the U.S. Department of Labor’s (DOL) Certification of Health Care Provider form requires the provider to specify the need and schedule for […]

By: Cary Schwimmer Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to form, join or assist labor unions and to collectively bargain through unions. NLRA Section 8(a) makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the […]

By: Jessica Jackler On July 31, Gov. Pritzker signed into law amendments to the Illinois Equal Pay Act, which will go into effect on Sept. 29. The amendments will prohibit employers from asking job applicants for information about their past compensation and benefits during the hiring process. The amendments are […]

By: Jessica Jackler On July 24, the Chicago City Council unanimously passed the Chicago Fair Workweek Ordinance, which will require covered employers to provide covered employees with a predictable work schedule. The purpose of the ordinance is to provide Chicago employees with protections that ensure employer scheduling practices do not […]

By: Storrs Downey and Jessica Jackler In a case of first impression in the 7th Circuit, the court held that obesity is not considered an impairment under the Americans with Disabilities Act (ADA) unless that condition is due to an underlying “physiological disorder of condition.” Richardson v. Chicago Transit Authority, […]

By: Jessica Jackler  On June 25, Gov. J.B. Pritzker signed the Cannabis Regulation and Tax Act into law, officially legalizing recreational marijuana in Illinois. The legislation takes effect on Jan. 1, 2020. The law permits adults 21 and older to purchase cannabis at approved dispensaries. Residents of Illinois will be allowed […]

By: Jessica Jackler Janet Dhillon was recently confirmed as the new Chair of the Equal Employment Opportunity Commission (EEOC). Her confirmation could mean significant changes for employers going forward, especially since the Senate restored a quorum to the EEOC, meaning it can now issue long-awaited guidance on critical subjects like […]