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Employment Law

New Illinois law bars employer access to social media accounts

09/20/2012
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.

Federal courts take a second swing at Prospect

09/20/2012
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.

Going-out-of-business sale price: $80,000 for bias

09/20/2012
Genie Temporary Service in La Salle will be closing its doors soon, but not before paying $80,000 to a former temp who the EEOC says was a victim of disability discrimination.

Court: Reporting student’s threat is protected speech

09/20/2012
A teacher who was fired after filing a police complaint against a student who threatened him at school has won the right to a jury trial.

Use rational criteria to make hiring decisions

09/20/2012
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012
Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.

Settlement in Lake Calumet EEOC race bias lawsuit

09/20/2012
WRS Compass will pay $2.75 million to settle an EEOC racial discrimination and association lawsuit filed on behalf of workers at the environmental cleanup company’s facility in Lake Calumet.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.