Protecting Employers Since 1985

Judge Shoots Down Nonsensical Class-Action ADEA Lawsuit Against Amazon With an Assist From The Goat, Tom Brady

By James B. Sherman / July 6, 2022

Some lawsuits are so outlandish they make headlines … for all the wrong reasons. One such silly case was brought as a class action against Amazon by employees in California. The plaintiffs, all 40 and older, alleged Amazon violated the Age Discrimination in Employment Act (ADEA) by imposing productivity quotas on all employees. The complaint…

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Illinois Equitable Restrooms Act

By Walter J. Liszka / February 17, 2020

As of January 1, 2020, all single occupancy-one person restrooms in a “place of public accommodation or public building” need to be identified as all-gender accessible and designated for use by no more than one person at a time or by a family unit. Simply stated, this means that the commonly used signage representing that…

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“OK, Boomer!”

By Walter J. Liszka / December 9, 2019

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…

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Seventh Circuit Decision-Use Of The “N-Word”

By Walter J. Liszka / October 7, 2019

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…

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

By Joseph H. Laverty / June 24, 2019

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. Employers accused of discrimination are required to preserve any records pertinent to the Charge. Additionally, employers are prohibited from…

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

By Anthony J. Caruso Jr. / June 10, 2019

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,…

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Limitation On Age Discrimination Claim

By Walter J. Liszka / February 7, 2019

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…

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

By Nancy E. Joerg / January 8, 2019

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. Of course, pregnancy can affect or limit an employee’s ability to do her job in certain ways, but employers should be very careful that they do not make…

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

By Anthony J. Caruso Jr. / August 13, 2018

Good news for Illinois employers! On August 13, 2018, Illinois Governor Rauner vetoed House Bill 4572. This proposed “anti-business” legislation would have expanded the definition of employers covered under the Illinois Human Rights Act with regard to employment discrimination of certain types (i.e., race, national origin, religion) from employers with 15 employees or more to…

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Intent To Discriminate No Longer Inferred From Conduct Caused By Disability

By Alan E. Seneczko / August 1, 2018

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…

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