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Employment Law

No harm in accommodating, even without official ADA disability determination

11/01/2007

The ADA is a tricky law. Not only is it illegal to discriminate against applicants and employees with disabilities, but it’s illegal to perceive as disabled those who actually aren’t. It’s no wonder many employers fear that making accommodations might backfire. So they put off agreeing to accommodations and wait until they’re sure an employee really is disabled. But that’s the wrong response …

FMLA doesn’t require damages if employee can’t work

11/01/2007

Even if an employee has been wronged because his employer denied FMLA leave he was entitled to take, he still can’t just sit around and expect the employer to pay him until retirement age. He must make efforts to mitigate his losses by seeking out work that fits his medical restrictions …

Niketown settles with black workers to end class-Action suit

11/01/2007

The Niketown store on Chicago’s Magnificent Mile will pay more than 400 current and former black employees a total of $5 million as part of the settlement in a class-action discrimination suit. Niketown also will pay $2.6 million in attorneys’ fees and be subject to court monitoring …

New law targets construction firms that misclassify workers

11/01/2007

Illinois has its sights on construction firms that misclassify employees as independent contractors to save on taxes, wages and benefits. Gov. Rod Blagojevich recently signed H.B.1795, the Employee Classification Act, which automatically classifies construction workers as employees unless they meet one of two exceptions …

Casino Queen faces race discrimination lawsuit

11/01/2007

Twenty-two current and former workers for Casino Queen of East Saint Louis filed a federal lawsuit alleging the casino disciplines black workers more harshly than white workers and favors white employees in giving job assignments and promotions …

Illinois makes it easier for workers to sue

11/01/2007

A newly passed law, H.B.1509, recently amended the Illinois Human Rights Act to allow employees to sue employers for discrimination and harassment in state courts. Until now, employees were confined to filing charges either through the federal EEOC or the Illinois Department of Human Rights …

Best Illinois Places to Work for GLBT Equality

11/01/2007

Sixteen Illinois employers made the 2007 list of “Best Places to Work for GLBT Equality,” a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …

Illinois bucks feds on electronic employee verification

11/01/2007

The Illinois legislature sent a shot across the bow of the U.S. Department of Homeland Security (DHS) in August. It passed a law that forbids state employers from using the feds’ electronic E-Verify system to confirm employees’ eligibility to work unless the government can prove the system provides accurate and timely employee information 99% of the time …

Is there an FLSA violation hiding in your company handbook?

11/01/2007

Why bother to wordsmith and labor over every word in your employment policies? Because sometimes an employer’s own pen can create liability. That was the case recently for an Illinois employer that will now go on trial for allegedly violating federal and state wage laws. Exhibit A on the list of evidence against the company: its employment policy handbook …

Get input from several managers before firing problem worker

11/01/2007

If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close …