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Illinois

Separate the harassed and the harasser, fast

07/09/2010

Here’s a problem that is easily solved. An employee complains that she’s being harassed by a co-worker. If you can easily separate the two, do so sooner rather than later. Merely having a complaint lodged may be enough to stop the harasser. But his continued presence can still mean you’re allowing a sexually hostile work environment to exist.

Document rationale for all discipline to show it wasn’t a pretext for bias

06/29/2010

If you carefully document disciplinary actions and punish all employees fairly, courts will usually uphold your decisions. That’s because an employee who challenges the reason for her discharge has to show that the reason wasn’t legitimate—that, rather, the rationale was merely a pretext for some form of discrimination. And it takes more than just coincidence to do that.

Document any slippage in employee performance to insulate against later discrimination claims

06/29/2010
If you can show that the employee wasn’t living up to your legitimate expectations, her discrimination case will most likely be dismissed. Legitimate expectations—or adequate performance—aren’t measured just by performance evaluations. That’s especially true if the last performance evaluation occurred months earlier and performance has since changed.

New tool when employees defect to competition: bonus forfeiture

06/14/2010
Employers looking to discourage their employees from going to work for a competitor, take note! As a general matter, courts aren’t in favor of noncompete agreements. Nevertheless, Illinois employers may now have a new weapon to keep employees from taking your secrets when they leave.

Illinois among states eyeing worker misclassification issues

06/14/2010

While Congress ponders the Employee Misclassification Prevention Act, several states are studying ways to target employers that misclassify their employees as independent contractors. Illinois is part of a joint task force studying the misclassification problem.

EEOC wins access to Quantum’s hiring documents

06/14/2010

Bolingbrook-based Quantum Foods faces a national-origin discrimination lawsuit from the EEOC, based on a Hispanic worker’s claim that he was terminated because of his national origin. The EEOC sought hiring records for the facility for the past four years.

Court tossed class-action suit? Your legal worries aren’t over yet

06/14/2010

Here’s more incentive to pay close attention to your compensation practices: Wage-and-hour lawsuits can easily morph into collective actions in which a few employees represent all similarly situated employees. Even if an employer manages to persuade the court that the claims aren’t suitable for a collective action, that doesn’t mean the case is over.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.

Just one applicant? You’re not required to hire

06/14/2010
It’s perfectly legal for an employer to decline to hire or promote someone even if he’s the only applicant. In fact, it may very well be a good business decision to wait under those circumstances.

Supreme Court rules on Chicago hiring test

06/14/2010
In a case coming out of Illinois, the U.S. Supreme Court has ruled that each time an employer uses the results of a test to select candidates for promotion creates a new opportunity for employees to challenge that test. That means if a test was invalid, its continued use may spur litigation long after the test was actually administered.