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Illinois

Detailed personnel records defeat bias claim

07/28/2025

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues.

‘Impossible’ PIP sinks employer’s discharge appeal

07/07/2025

Performance-improvement plans should be challenging enough to let supervisors know the employee is up to performing their essential job functions at an acceptable level. Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP.

After Muldrow, beware routine management decisions that may trigger bias lawsuits

01/27/2025

Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.

ADA compliance: Be prepared to prove disabled employee can’t do job

12/09/2024

Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. After unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.

Ensure undesirable tasks aren’t assigned only to minorities

11/13/2024

Eleven Black employees of Peoples Gas of Chicago filed a lawsuit alleging they were victims of race discrimination when they were assigned to more dangerous neighborhoods.

Beware pre-hire exams that could reveal genetic information

11/01/2024

You know you can’t exclude otherwise qualified candidates because they’re older, disabled and in need of accommodations, pregnant or planning to have children. But what about screening candidates for potential medical problems down the line? No, you can’t do that, either.

Drug-free policy vs. legal marijuana: Call your lawyer!

10/25/2024

Can employers refuse to hire them or fire casual marijuana smokers if they test positive on a blood test? That’s the conundrum an Illinois employer recently faced when it wanted to enforce a zero-tolerance policy against drug users, including users of marijuana.

Modify ADA process in unique scenarios

10/10/2024

The ADA requires employers to reasonably accommodate disabilities—if the employee asks. But what if the employee is intellectually challenged and doesn’t understand they must initiate the ADA process?

Who can sue you if employees work remotely?

09/19/2024

The Fair Labor Standards Act sets nationwide standards for wage-and-hour compliance and also allows employees to bring collective lawsuits against their employers for FLSA violations. Can employees who work remotely in far-flung states join together in one lawsuit and sue their employer?

Counter refusal to participate in diversity training

08/30/2024

Recently, we have seen an increase in lawsuits from workers who believe that being forced to participate in any kind of diversity training violates their Title VII rights. Now a federal appeals court has tossed out one such case. The court concluded that the worker’s refusal was unreasonable and his claims meritless.