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Illinois

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.

Indefinitely retain records of veteran hiring

10/13/2009

A new law, the Veterans’ Benefit Improvement Act, makes it absolutely critical for you to retain records of how you handled any hiring process involving military veterans. Those covered by USERRA now can sue at any time, no matter how long ago an employer allegedly violated their rights. Fortunately, the 7th Circuit has ruled that the law isn’t retroactive.

Memo to supervisors: Even one slur can spur jury trial

10/13/2009

Have you warned all your supervisors and managers against using any slurs, no matter what background the slurs reference? If not, do so today! Otherwise—if the target of the slur happens to be discharged or demoted later—you’re risking a lawsuit for national-origin discrimination or some other form of bias.

Courts lose patience with frivolous lawsuits; employers can recover attorneys’ fees

10/13/2009

Here’s a bit of good news for employers fighting baseless lawsuits: The 7th Circuit Court of Appeals has signaled its willingness to allow trial judges to order attorneys’ fees for employers forced to defend themselves from litigation that has no merit.

Get legal advice when union tries to organize

10/13/2009

If you hear rumors that employees are talking about unionizing, call your attorney right away—and definitely before making any changes in the workplace. Otherwise, you may end up in court, fighting unfair labor practices charges.

You don’t have to be right—honesty, good faith are enough

10/13/2009

Do you spend days or weeks agonizing about personnel decisions because you fear a lawsuit? That’s probably unnecessary. The bottom line is that courts don’t require you to be 100% right every time you make a decision that affects an employee. You just have to be honest and act in good faith.

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

How to reduce liability for harassment: Do the right thing

10/11/2009

In a case that has simple yet profound lessons for employers, the 7th Circuit Court of Appeals has ruled that an employer wasn’t liable for co-worker harassment—all because the company acted fast and effectively when it discovered the harassment.

New health coverage rules for dependent kids start Nov. 8

10/02/2009

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

U.S. Department of Labor approves Illinois’ OSHA plan

10/02/2009

Illinois has received approval from the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to administer its own occupational safety and health plan for state and local government employees. The federal OSHA law doesn’t cover state and local public employees.