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Discrimination Archives

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!

Intent To Discriminate No Longer Inferred From Conduct Caused By Disability

Over the last several years, the Wisconsin Labor and Industry Review Commission ("LIRC") has developed a maddening interpretation of the Wisconsin Fair Employment Act as it relates to disability discrimination; that is, if the conduct that prompted an employee's discipline was caused by a disability, then taking action based on that conduct is an act of discrimination, regardless of whether the employer was aware of the connection between the two. For example, if an employee with a known mental disability tells his supervisor to "stick it" and is then disciplined, but later contends his conduct was due to his disability, LIRC has found that disciplining the employee because of his conduct is tantamount to disciplining him because of his disability, and therefore a violation of the WFEA.

LGBTQ Rights vs. Religious Freedom - Fight Lasts for Another Day!

On Monday, June 4, 2018, the United States Supreme Court issued its ruling in Masterpiece Cake Shop Ltd, et al. v. Colorado Civil Rights Commission, et al. Case No. 16-111 in which it ruled in favor of a Christian baker who had refused to bake a custom wedding cake ordered by a same-sex couple in the State of Colorado. As an aside, it is interesting to note that while this Case has been pending for at least six (6) years, at the time that the same-sex couple (Messiers Craig and Mullins) wanted to place their cake order, same-sex marriages were illegal in the State of Colorado. In point of fact, they planned to wed in Massachusetts and host a reception afterwards in Denver.

Over 40 Need Not Apply?

One of the constants over the last few decades in Labor and Employment Law has been the fact that our society has become more litigious (i.e. people file lawsuits at the drop of a hat). Unfortunately, that saga now seems to be impacting the "older generation" as well.

Politics and Religion in the Workplace - "Backlash Discrimination" of Muslims and Middle Eastern Employees

Fear, emotionally charged perspectives on the Trump administration's immigration policy and deeply embedded religious views are all topics ripe for disagreements possibly escalating into use of slurs, threats and insults. The workplace, where many of us spend the majority of our weekdays, is one place where these agreements may percolate to a dangerous boiling point.

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