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Illinois

Class-action lawyer to see how it looks from the other side

08/11/2011
File it under “Ironic.” A Chicago attorney whose firm specializes in filing class-action lawsuits is being sued by a group of six women who say he sexually harassed them.

Insensitivity alone doesn’t create a hostile environment

08/11/2011
Employees sometimes spot a pattern of outright hostility from a series of other­wise innocuous acts. That can lead to a hostile work environment lawsuit.

Worker can’t return from FMLA leave? Beware demanding repayment of health benefits

08/11/2011

It’s expensive to cover an absent employee’s health insurance premiums when he is on FMLA leave—especially if he has family coverage. How­­ever, the law requires employers to do so. What happens if the employee doesn’t return? In some cases, em­­ployers can demand reimbursement for the premiums it paid. That’s true except if the employee doesn’t come back because he or she is still sick or has to continue to care for a sick relative.

Doubt medical certification’s accuracy? You’re allowed to seek a second opinion

08/11/2011

Employees who want FMLA leave for their own illness need a certification from a health care provider. It should document a serious condition, briefly explaining the diagnosis and treatment. Employers that doubt the certification is accurate or want to challenge whether the condition really can seek a second opinion from another health care provider, paid for by the company.

Chicago’s Jackson Park Hospital faces bias, retaliation charges

08/11/2011
The EEOC is suing Jackson Park Hos­pital and Medical Center for race dis­crimination and retaliation, alleging that the South Side Chicago institution condones race bias and retaliated against workers who complained about discrimination.

Don’t sweat it: Small slights don’t equal bias

08/11/2011

Overly sensitive employees can be quick to perceive “discrimination.” They may look at others’ actions as hostile, based on past experiences elsewhere. But that doesn’t mean a court will agree and punish an employer that hasn’t discriminated. Reality: It takes more than a few slights to make a winning discrimination case.

What not to say: ‘Playing the race card’

08/11/2011

Some comments spell nothing but trouble. That’s why you should ban them from the workplace, at least when spoken by anyone holding a super­visory role. One of the most inflammatory statements: the all-too-common “playing the race card.”

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.

Do oral complaints carry the same weight as written complaints in retaliation cases?

07/13/2011
Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?