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Employment Law

With chef in hot water, Lisle hotel settles bias suit

06/10/2011
The EEOC and the Hilton Lisle/Naperville Hotel in Lisle have agreed to settle a ­national-origin harassment suit filed by several Hispanic employees who worked in the hotel’s kitchen. The group will split a $195,000 settlement.

Don’t court lawsuit by allowing early clock-ins

06/10/2011
Beware if you allow employees to clock in early, but tell them not to start work before their scheduled start times. If early clock-ins are routinely unpaid, there may be a class-action lawsuit brewing.

Lost the window office? Sorry, that’s not retaliation

06/10/2011
Sometimes, after an employee has filed a discrimination complaint, it seems like anything an employer does is fodder for a retaliation charge. Fortunately, courts don’t always buy it, concluding that minor changes aren’t enough to dissuade a reasonable employee from complaining in the first place.

Chicago firefighters’ case burns on–focus still on allegedly biased promotion tests

06/10/2011
The litigation over promotion tests for Chicago’s firefighters is by no means over, despite a 2010 trip to the U.S. Supreme Court. The case is again working its way through the legal system—something that carries a lesson for all employers.

When misbehavior demands termination, it’s best to stick with one reason for firing

06/10/2011
Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.

Can your practices withstand EEOC scrutiny? Use its standards to check hiring bias

06/10/2011
Even one employee’s complaint to the EEOC can launch a massive investigation into your hiring practices. That’s true even if the initial complaint didn’t strictly concern hiring. That’s why you must proactively look for inadvertent discrimination in all your hiring and employment practices. Don’t wait for the agency to come snooping.

Is workers’ compensation dead in Illinois?

06/10/2011

An Illinois Senate committee has voted to end workers’ compensation as we know it. By a 9-6 vote, the Senate Executive Committee said it’s time to start over and eliminate what it called a “costly and failed” system.

Include summary of arb agreement in receipt

06/10/2011
If you require employees to accept arbitration as a condition of employment, you can include a brief statement describing the plan in an acknowledgment. As long as the acknowledgment shows that the employee may read the entire arbitration agreement before signing, it doesn’t matter whether she actually does.

OK to fire on basis of some taped phone calls

06/10/2011

Illinois has strict laws against recording telephone conversations without permission. But those laws allow recording if a party to the conversation believes a crime is being or is about to be committed. In some cases, that means you can use a recorded phone call as the basis for termination.

‘In our prayers’ condolences: Is it religious bias?

06/10/2011
Q. We send out a condolence card when one of our em­­ployees has a death in the family. We usually say something like, “Our thoughts and prayers are with you at this difficult time.” Now one of our employees has complained about the use of the word “prayer.” Do we need to change the message?