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Employment Law

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Good-faith treatment for all is good policy, and good protection against lawsuits, too

10/12/2010

Employees who claim they have been discriminated against typically have to show that their employers singled them out for poor treatment because of a protected characteristic. It’s easy for employers to counter that if they can show they always act in good faith. The best way to do that is to apply the rules equally to every employee.

Handle firing with care if employee has complained about alleged corporate wrongdoing

10/12/2010

Employers that want to terminate employees who have complained about pressure to engage in criminal activity must make sure the termination process is flawless. It’s especially important to be able to articulate in very concrete terms an underlying, legitimate reason for the firing—one that can’t be mistaken as a pretext for getting rid of a troublemaker.

Firing new mother? Better have a good reason

10/12/2010

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

On eve of flu season, know what FMLA covers

10/12/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers operating with lean staffing. Some employees may want to take time off if they suspect they’re coming down with the flu. And at least some of those workers may assume that sick time off will be covered by the FMLA. That’s where things get tricky.

Did child labor penalties just get tougher?

10/12/2010
Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?

What’s the new Illinois minimum wage?

10/12/2010
Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?

How will the new Illinois Family Military Leave Act amendment affect us?

10/12/2010
Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?

Federal court makes it tougher for employees to prove retaliation

10/12/2010

Federal courts often use the well-known McDonnell Douglas burden-shifting test to determine whether an employer has unlawfully discriminated against an employee. Now the 7th Circuit Court of Appeals has ruled that when it considers an Illinois workers’ compensation retaliation claim, it must apply an Illinois state law rule that is more demanding for employees than the McDonnell Douglas test.

$10 million settlement puts brakes on Roadway lawsuit

10/12/2010

Racial harassment complaints against Roadway Express for actions that took place at its Chicago Heights and Elk Grove Village locations were so involved they outlasted the company. Roadway recently merged with Yellow Transportation to form YRC, one of the nation’s largest freight haulers. Now the new entity is on the hook for millions of dollars—and a big culture change courtesy of the EEOC.