Labor & Employment

The newsletter of the ISBA’s Section on Labor & Employment Law

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2005 Articles

The Alternative Dispute Resolution Handbook of the ADR Section Council of the State Bar of Texas By Stanley J. Dale July 2005 Popular song lyrics tell us about a state where the stars shine bright, a yellow rose can be seen, and where all of one chap's ex-wives reside.
Department of Employment Security raises the hourly rate for attorneys representing claimants By Glenn R. Gaffney October 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Department of Employment Security Raises the Hourly Rate for Attorneys Representing Claimants By Glenn R. Gaffney July 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Employee handbook and work rules may violate labor law By Michael R. Lied October 2005 Most employers are aware that carelessly drafted employee handbook language may create problems.
Employer sued for defamation based on comments relating to performance review By Michael R. Lied July 2005 The decision in Popko v. Continental Casualty Co., et al., 823 N.E.2d 184 (1st Dist. 2005), may raise a few employer eyebrows.
The Illinois Victims’ Economic Security and Safety Act of 2003: A guide for employers on VESSA requirements By Julie A. Piotrowski-Govreau May 2005 On August 25, 2003, Governor Rod Blagojevich signed into law the Victims' Economic Security and Safety Act (VESSA).
Inconsistent assertions regarding disabilities made in ADA complaints and in applications for disability benefits By Paul E. Freehling October 2005 As a consequence of the U.S. Supreme Court’s decision in Cleveland v. Policy Management Sys. Corp., 526 U.S. 795 (1999), discussed below, an Americans with Disabilities Act (ADA) lawsuit plaintiff who also has filed one or more applications for disability benefits clearly is required to explain the apparent inconsistency between (a) statements on the application(s) that the applicant is unable to work, and (b) allegations in the ADA complaint that the plaintiff is able to perform the job’s essential functions.
Kill “at will”: Volume 1 - The Concept; Volume 2 - The Forum By William J. Borah July 2005 Illinois' labor law is a multi-layer patchwork of statutes reflecting the historic struggles of different segments of the current workforce.
The MMPI-Medical examination or not? By Lorna K. Geiler July 2005 In a recent case, Karraker v. Rent-A-Center, 2005 W.L. 1389443 (7th Cir. 2005), the use of the Minnesota Multi-Phasic Personality Inventory (MMPI) was addressed by the 7th Circuit Court of Appeals.
New Illinois workplace legislation By Michael D. Gifford October 2005 The Illinois General Assembly has imposed several new mandates on employers during this past legislative session.
The problems of religion in the workplace By Michael R. Lied February 2005 Ever since 1964, Federal law has prohibited discrimination based on religion.
Proposed unemployment changes could economically benefit lawyers February 2005 As per the request of Ole Bly Pace III, the following is the "practical idea" which would help members of the Labor and Employment Law Section to improve their earning power as lawyers:
Retaliatory discharges and citizen crime-fighters By Paul E. Freehling July 2005 An at-will employee observes what she believes to be misconduct harmful to the employer, and she "blows the whistle" internally.
“Similar” is not “equal”-Or is it? Equal pay issues By Michael R. Lied February 2005 Sandra Wheatley was the director of the Wicomico County, Maryland, Emergency Services Department, and Jane Grogan was the deputy director.
Someone you should know: Recently appointed Northern District of Illinois United States Magistrate Jeffrey Cole By Glenn R. Gaffney October 2005 Jeffrey Cole was installed as United States Magistrate, Northern District of Illinois on June 16, 2005.
Timing may not be everything, but it is important in retaliation cases By Kathryn Woodward October 2005 Plaintiffs often try to establish causation based on the fact that they suffered an adverse employment action shortly after they engaged in a protected activity.
Wachovia Corporation will pay $5.5M for compensation discrimination By Michael R. Lied February 2005 The United States Department of Labor, Office of the Federal Contract Compliance Programs, undertook a corporate management review of the headquarters of First Union National Bank in Charlotte, North Carolina.
What is adverse to one may not be adverse to all in retaliation cases By Kathryn Woodward October 2005 In Washington v. Illinois Department of Revenue, 2005 WL 2000986 (7th Cir. 2005, August 22, 2005), the Seventh Circuit reversed a grant of summary judgment in favor of the employer, finding that switching an employee’s hours, but not position or rate of pay, may constitute an adverse action.
When a performance evaluation is the product of discrimination, has there been an “adverse employment action”? By Paul E. Freehling July 2005 For over a decade, the federal judiciary has been grappling with the following question: Under what circumstances, if any, does a less-than-stellar performance evaluation given as a result of unlawful discrimination constitute "adverse employment action" as contemplated by the anti-discrimination statutes and the Due Process Clause of the 5th and 14th Amendments?
Work authorization updates By Michael R. Lied February 2005 All employers must ensure proper completion of the Employment Eligibility Verification form (Form I-9) for each newly hired employee, including U.S. citizens and aliens.