Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Illinois

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

“Overqualified,” or just too old?

Posted in Discrimination, HR
Last week, I received a scathing comment from Dale Kleber, a Chicago-area lawyer and a plaintiff in an age discrimination lawsuit. Mr. Kleber did not like my gut reaction to his lawsuit, which was based on an article that I’d read in The Washington Post. It appeared to me that Mr. Kleber — then a 58-year-old lawyer with… Continue Reading

Employers, I’m on your side — so watch out! ;-)

Posted in HR, Lawyers!
At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget the message, which was as follows: The only thing we’re partisan about is employers. That’s it. It was a great way to dispel the… Continue Reading

The “duty to conciliate” doesn’t mean the EEOC has to be reasonable.

Posted in Discrimination, Settlements
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining? Hardly any, it appears. In Mach Mining, the Supreme Court decided that courts did have the authority to review the agency’s conciliation efforts (which caused employers to claim it as an… Continue Reading

Friendly reminder: Reverse discrimination is against the law, too

Posted in Discrimination
Pretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it’s against members of minority groups or whether it’s against Caucasians. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit reversed summary judgment for a company that allegedly told a white worker… Continue Reading

Medical marijuana and the workplace — another lawsuit filed

Posted in Drug Testing
As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island. The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she… Continue Reading

BREAKING: Supreme Court 5-4 finds in favor of Hobby Lobby and against SEIU

Posted in Affordable Care Act, Labor Relations
The Supreme Court, in a 5-4 decision, found today that the contraceptive mandate in the Affordable Care Act, to the extent that it applies to closely-held corporations, violates the Religious Freedom Restoration Act. And in another 5-4 decision, the Court found that the First Amendment does not allow home healthcare workers to be compelled to… Continue Reading