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Employment Law

Carefully craft bona fide occupational qualification limits

09/10/2008
Some jobs can be handled only by someone of a particular gender. For example, a dress model necessarily has to be female. Under the sex discrimination provisions of Title VII, employers may limit those jobs to members of one sex and refuse to hire members of the opposite sex under the so-called bona fide occupational qualification (BFOQ) exception. But the BFOQ is strictly limited …

Use seniority to assign tasks and take bias off the table

09/10/2008
Employees who sue for race and many other forms of discrimination must prove they were treated differently than a similarly situated co-worker who doesn’t belong to the same protected class. But when employers adopt and follow a seniority system to assign tasks, employees who try to claim discrimination have a tough time finding someone similarly situated to compare …

Don’t make handbook promises you’re not prepared to keep

09/10/2008
Drafting employee handbook language can be tricky. You don’t want the whole handbook to become a binding contract, but you do want employees to understand they have to follow the rules. But you may want some sections of the handbook to be binding—such as an agreement to arbitrate any employment disputes. So what’s the best approach? …

Title VII doesn’t protect employees who complain about discrimination against customers

09/10/2008
Employees who complain about co-worker or management discrimination against employees are protected from retaliation under Title VII of the Civil Rights Act. But what about employees who complain to management that their co-workers may be discriminating against customers? Are they protected from retaliation, too? Not in Illinois …

Be patient and keep thorough records to make sure your firing decisions stick

09/10/2008
When it comes to discharging an employee, the best policy may be to bide your time and carefully document her deficiencies. Unless there is a compelling reason to act immediately, be patient and build your case with solid, verifiable criticism …

Skies may be friendly, but it’s harsh on the ground

09/10/2008
As United Airlines cuts routes, flights on the friendly-skies carrier have been getting scarcer. Workplace hostility, however, has never been more abundant. United filed a lawsuit in July against its pilots and the Air Line Pilots Association, claiming they organized a sick-out to protest the company’s plan to cut 1,450 jobs this fall …

Muslim corrections officer keeps beard, gets fired, sues

09/10/2008
Abal Zaidi, a former corrections officer in Geneva, has sued the Kane County Sheriff’s Department, claiming he was fired for refusing to shave his beard …

Ambulance service president pleads guilty to fraud

09/10/2008
Clayton Hobbs, former president of Mercy Regional Health Systems, which provided ambulance services in Franklin County, has pleaded guilty to 16 counts of failure to pay federal income taxes, to the tune of a whopping $1.7 million …

Hearings before the IDES: ‘The People’s Court’ or the Supreme Court?

09/10/2008
Should you contest a fired employee’s Illinois unemployment compensation claim if you really believe the employee isn’t eligible for the benefits due to misconduct? Is it worth the hassle and expense? Generally, the process is informal and sometimes resembles the television show “The People’s Court.” At other times, it may seem like you’ve landed in the Supreme Court …

Can VESSA and FMLA leave run consecutively?

09/10/2008
Q. May an employee in Illinois take 12 weeks of unpaid time under the Victim Economic Security and Safety Act (VESSA) and then take 12 weeks unpaid FMLA leave? …