Articles From Lori D. Ecker | Illinois State Bar Association

Retaliation: How to prove it, How to avoid it. Attorney’s Perspective – Plaintiff By Lori D. Ecker Labor and Employment Law, June 2007 In cases where the plaintiff claims that she was retaliated against for exercising her rights under the ADEA, the usual common law tort damages, such as emotional distress, may be recovered. The same is true for retaliation cases under the Fair Labor Standards Act. The expectation is that the same would hold true for retaliation claims under the FMLA, although there do not appear to be any Seventh Circuit decisions on point.

An at-will employee may maintain a discrimination claim under 42 U.S.C. §1981 By Lori D. Ecker Federal Civil Practice, March 2004 One of the significant changes to discrimination law occasioned by the Civil Rights Act of 1991 was its expansion of the availability of 42 U.S.C. § 1981 ("Section 1981") as a viable cause of action.

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