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Employment Law

Looking back at Wal-Mart decision, 7th Circuit limits class actions

10/18/2012
If a recent 7th Circuit case is an indication, courts are taking a close look at whether groups of plaintiffs have enough in common to constitute a valid class. It may mean that em­­ployers will face fewer large class-action lawsuits.

7th Circuit: Disabled have preference for vacant jobs

10/18/2012
The 7th Circuit Court of Appeals has ruled against United Airlines in a disability accommodation case that could ultimately end up before the U.S. Supreme Court.

EEOC says Leona’s Pizzeria reneged on settlement deal

10/18/2012
Women who were sexually harassed while working for Leona’s Pizzeria in Chicago never got their piece of the pie, according to the EEOC. Now the famous chain is being sued to force it to live up to its obligations.

After sex bias settlement, Brunswick will hire women

10/18/2012
Brunswick Corp. of Lake Forest and its subsidiary Lund Boat have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Preferring Spanish speaker doesn’t amount to bias

10/18/2012
Some jobs require not just bilingual ability, but fluency in a particular language other than English. Hiring for that specific skill isn’t discrimination.

Remind bosses: No comments about EEOC complaints

10/18/2012
When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.

Beware ADA lawsuit when firing worker who had previous workers’ comp claim

10/18/2012

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

When disagreement turns to cursing and threats, feel free to terminate for insubordination

10/18/2012

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

Aggressive employee terrifies co-workers? Now that’s failing to meet expectations!

10/18/2012
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.

Court: Elmhurst pumping firm drained workers’ 401(k) funds

10/18/2012
A federal court has ordered the owner of Elmhurst-based ABD Tank & Pump Co. to repay $2.7 million that was illegally skimmed from the company’s 401(k) plan.