• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

HR pro on trial: ‘Cat’s paw’ individual liability under Section 1981

07/18/2012
The 7th Circuit recently considered for the first time whether an employee can be individually liable under a “cat’s paw” theory of retaliation under Section 1981. In Smith v. Bray the court held that an employee could sue an HR manager individually for retaliating against him by influencing the decision to fire him.

Schaumburg paramedic sues over lost duties

07/18/2012
Scott Kody is suing the village of Schaumburg, claiming it discriminated against him when it stripped him of his fire-safety training duties three years ago.

Mandatory firings lead to $380K ADA settlement

07/18/2012
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.

Yellow doubles down, pays $11 million more for racism

07/18/2012
For the second time in three years, YRC/Yellow Transportation will pay a huge settlement resulting from racial harassment and discrimination at a Chicagoland facility.

Equitable discipline policy staves off surprise lawsuits

07/18/2012
The best defense against any sort of discrimination claim is to treat every employee the same.

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.

Employee fudges appointments, claiming FMLA? Count that as an unexcused absence

07/18/2012
Some employees abuse their rights under the FMLA and try to take time off to which they aren’t entitled. Take, for example, an employee who takes an unscheduled trip to his doctor’s office and claims that time as FMLA leave. It isn’t.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Skokie firm learns the perils of ignoring the feds

07/18/2012
When the U.S. Department of Labor filed a complaint on behalf of misclassified workers at Skokie Maid and Cleaning Services, the company failed to file a response of any kind. Now it’s on the hook for more than a half-million dollars following a default judgment for the workers.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.