Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Illinois

Don’t discourage employees from taking FMLA leave!

10/25/2022

The Supreme Court declined to hear an Illinois case involving a corrections officer who claimed a manager told him that he would be disciplined if he took any more FMLA leave.

Don’t make this $10 million vaccine mistake

08/11/2022

First, the bad news: An employer recently agreed to pay $10 million to a group of employees who refused to be vaccinated against covid-19 for religious reasons. The good news: The same fate won’t befall your organization if you follow some simple steps that balance religious objections against business and organizational needs.

Consider writing FMLA ‘script’ for supervisors

06/16/2022

The FMLA has a built-in punishment for employers that discourage workers from taking FMLA leave. Those workers can sue for interference with their FMLA rights even if they were never denied time off. All it takes is for a supervisor to informally warn a subordinate that asking for FMLA leave could have workplace consequences.

FMLA ending? Prepare to offer ‘ADA leave’

05/05/2022

Employers are required to reinstate workers who are ready to return from FMLA leave. Often, that’s contingent on a health care professional’s assessment that the employee is well enough to perform his or her job duties. But what if the employee can’t pass a fitness-for-duty exam?

Act fast to lessen liability for racial harassment

03/31/2022

As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.

Beware liability from ‘equal opportunity harasser’

01/27/2022

Because unlawful harassment must be aimed at a person who belongs to a protected class—based on race or sex, for example—“equal opportunity harassers” may be able to target all kinds of people without creating liability for their employers. But that may be about to change, thanks to a just-filed EEOC lawsuit.

ADA: Consider new schedule before leave

12/02/2021

Under the ADA, disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Generally, employers get to choose the accommodation they prefer. But to survive a lawsuit, that accommodation better permit them to actually work if at all possible.

Review points-based attendance system now

10/28/2021

Some employers use a points-based system to punish employees whose unplanned absences wreak havoc on operations. It can be effective. However, a system that’s too draconian or doesn’t allow for reasonable exceptions may invite litigation, especially from employees who claim they have an ADA-covered disability.

Remember, bias is illegal no matter who it helps

10/21/2021

Title VII and other federal employment laws were designed to create a level playing field for all employees. The EEOC takes all discrimination complaints seriously, even when it appears one group that has historically suffered because of bias is treated better than another oppressed group.

Steer clear of questions about past drug use

10/14/2021

Warn supervisors not to pry into employees’ medical histories, including past abuse of drugs or alcohol. Simply asking workers about a perceived previous drug problem could trigger a lawsuit.