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Illinois

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

Beware retaliation following internal bias investigation

08/01/2012
The 7th Circuit has held that employees who participate in employer internal investigations before administrative charges or lawsuits have been filed are not protected from retaliation. It’s different, however, after such charges have been filed.

What are the new EEOC rules on age bias?

07/18/2012
Q. What is the final rule that the EEOC issued regarding the Age Discrimination in Employment Act (ADEA)?

HR pro on trial: ‘Cat’s paw’ individual liability under Section 1981

07/18/2012
The 7th Circuit recently considered for the first time whether an employee can be individually liable under a “cat’s paw” theory of retaliation under Section 1981. In Smith v. Bray the court held that an employee could sue an HR manager individually for retaliating against him by influencing the decision to fire him.

Schaumburg paramedic sues over lost duties

07/18/2012
Scott Kody is suing the village of Schaumburg, claiming it discriminated against him when it stripped him of his fire-safety training duties three years ago.

Mandatory firings lead to $380K ADA settlement

07/18/2012
Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.

Yellow doubles down, pays $11 million more for racism

07/18/2012
For the second time in three years, YRC/Yellow Transportation will pay a huge settlement resulting from racial harassment and discrimination at a Chicagoland facility.

Equitable discipline policy staves off surprise lawsuits

07/18/2012
The best defense against any sort of discrimination claim is to treat every employee the same.

Too much time online can be misconduct

07/18/2012
If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.