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Employment Law

Disability harassment costs Glenview company $70,000

04/19/2012
The Glenview-based Family Video chain has agreed to settle a disability discrimination suit filed by a former employee of a store in New York who suffers from depression and social anxiety disorder.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.

Good news: 3 years is limit for FMLA complaints

04/19/2012
The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to file FMLA claims in federal court. It said ­workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Know the difference: Race discrimination isn’t the same as national-origin discrimination

04/19/2012

Not all discrimination cases are created equal. For example, race discrimination is prohibited by two laws: Title VII of the Civil Rights Act of 1964 and a much older statute called Section 1981. Enacted following the Civil War, Section 1981 bans discrimination based on race in contracting. It gives employees claiming race discrimination one more way to sue.

Be prepared to explain why women earn less than men doing the same work

04/19/2012
If you pay women and men different rates for the doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.

Bias against German cop costs Chicago $30,000

04/19/2012
The city of Chicago must pay one of its police officers $30,000 after a jury found the Chicago Police Department tolerated discrimination by a police sergeant.

Health plan summaries required by Sept. 23

04/19/2012
Final regulations for implementing the Affordable Care Act now require all group health plans to provide employees and beneficiaries with an SBC and a uniform glossary of basic health benefit terms by Sept. 23. The summaries had been on hold while regulators drew up the final rules.

Employee leave: When does the FMLA stop, and ADA begin?

04/17/2012
FMLADA! Sometimes employment laws just look all blurry. Where does one law stop and the other law start? One court last month answered this question with a bright-line finding. The ADA doesn’t always have to kick in after FMLA leave …

Make sure employees know how to complain

04/16/2012
One of the only ways to protect your company from hostile work environment lawsuits is to provide a way for employees to complain. Then investigate the allegations.