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Discrimination Archives

"OK, Boomer!"

Employers always seem to find themselves as the unwitting recipient/victim of the actions of others-sometimes other companies, sometimes the Government, but in almost all cases, some of their employees. Whether it is the Federal or State Government, the Me Too Movement or in this case, Generation Z and Millennials, Employers are always going to be "at the end of the line".

Seventh Circuit Decision-Use Of The "N-Word"

In recent years, a number of Federal Appellate Courts have issued opinions finding that the single use of a racial slur would be sufficient to constitute a hostile and offensive working environment based on race. On August 21, 2019, the Seventh Circuit Court of Appeals reached the opposite conclusion in concluding that the single alleged use of the "N Word" by a Supervisor was not enough to show racial harassment given the overall work scenario of the Plaintiff.

He Who Hesitates May be Lost

While the statement "he who hesitates may be lost" has been around for decades, it may be the underpinning of a very recent Supreme Court decision. In a unanimous decision issued by the United States Supreme Court on June 3, 2019 (Fort Bend County vs. Davis, No. 18-525, Argued 4/22/19; Decided 6/3/19) the Supreme Court of the United States held that an employment discrimination plaintiff's failure to exhaust administrative remedies is not a jurisdictional prerequisite to filing litigation and, therefore, Federal courts may be able to hear discrimination claims under Title VII even if workers fail to raise those claims with the Equal Employment Opportunity Commission ("EEOC") or a state workplace bias watchdog group.

What Happens if a Current or Former Employee Files a Charge of Discrimination with the Illinois Department of Human Rights (IDHR)?

The first thing to check is: Was the Charge of Discrimination filed "timely"? A Charge of Discrimination must be filed within 300 days after the alleged discriminatory actions, or one year for a fair housing case.

Alert: Pending Legislation in Illinois Would Impose Huge Impact on Sexual Harassment Claims on all Employers

On April 11, 2019, the Illinois state Senate passed Senate Bill 1829, also known as the Workplace Transparency Act. If passed by the Illinois House of Representatives and if signed by the Governor, this Act would impose new requirements and limitations with respect to harassment and discrimination claims on Illinois employers. As of May 10, 2019, this bill is pending before the House Rules Committee.

Rumors of "Sleeping Your Way to the Top" Can Constitute Sex Discrimination

It remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are "sleeping with the boss." When such false rumors and gossip persist - and are even advanced by other managers, can they form the basis of a claim for sex discrimination? The Fourth Circuit Court of Appeals just determined that they can.

Limitation On Age Discrimination Claim

Recently, the United States Court of Appeals for the Seventh (7th) Circuit (applicable to the State of Illinois, Indiana and Wisconsin) issued a far-reaching decision on the basis of an 8 to 4 decision (all twelve justices of the 7th Circuit Court of Appeals Hearing and Ruling on the case) establishing that job applicants may not bring a claim for unintentional age discrimination under the Age Discrimination and Employment Act (ADEA) (Kleber v. Care Fusion Corporation decided by Seventh Circuit En Banc Panel January 23, 2019).

Legislative Update: Key Changes to the Illinois Human Rights Act New Employee Rights and New Requirements for Employers

On June 8, 2018 and August 24, 2018 respectively, Governor Bruce Rauner signed into law a number of amendments to the Illinois Human Rights Act which in the State of Illinois regulates discrimination claims due to a protected category, disability or sexual harassment claims.

It Is Dangerous For An Employer To Just Assume That Pregnant Employees Cannot Get The Job Done!

Employers put their companies and themselves at great legal risk (unnecessarily!) when they assume that their pregnant employees cannot do their job just because they are pregnant.

Governor Rauner Vetoes Expansion of Some State Anti-Discrimination Laws Which Would Have Included Small Illinois Employers (Less Than 15 Employees)

Good news for Illinois employers!

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