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Employment Law

Think worker is lying about health? Ask before disciplining

07/01/2007

Employees say the darndest things. Take, for example, those who call in sick or are out on disability for conditions you strongly suspect are not quite as serious as they say …

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …

Use common sense to judge length of leave

07/01/2007

You’re not alone if you have struggled to decide how much time off to allow a dsabled eimployee. It’s one of HR’s trickiest issues …

Running background checks? Use conviction, not arrest, to exclude applicant

07/01/2007

The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However …

Call someone ‘sweetheart,’ she might call for a retaliation suit

07/01/2007

Calling a female employee “honey” might not constitute sexual harassment, according to a recent federal ruling on a sexual-harassment case, but retaliating when someone complains about it will win you a ticket to court anyway …

Understanding religious accommodation in Illinois workplaces

07/01/2007

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  …

Prevent hostile-environment lawsuits: No teasing allowed

07/01/2007

Many employees today are sensitive about their ethnic backgrounds, but may hesitate to report teasing or name-calling for fear of being seen as troublemakers. That means a lawsuit could be brewing …

How not to institute an arbitration clause

07/01/2007

In light of recent California appellate court decisions addressing the enforceability of arbitration agreements, many employers may consider having employees sign one of these contracts. First, consider the following case …

Uniformity key to investigations that stand up in court

07/01/2007

When it comes to employee complaints and how your organization responds to them, uniformity is the most important factor …

Preference for religion may be illegal discrimination, too

07/01/2007

Religious discrimination need not be based on bias against an employee’s religion. The reverse is also possible …