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Illinois

One lost lawsuit doesn’t necessarily lead to more

12/01/2007

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination …

Rule against document removal supports legit business need

12/01/2007

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company …

EEOC class action requires proof each member was harassed

12/01/2007

Here’s a bit of good news for employers facing an EEOC sexual harassment investigation: A federal court has concluded that, in a pattern-and-practice lawsuit, the EEOC still must show that each and every woman it claims was subjected to a hostile work environment actually experienced the harassment …

Being the only member of a protected class isn’t direct evidence of discrimination

12/01/2007

While being the only Hispanic, black or woman in a workplace may be uncomfortable, it doesn’t show that your employer practices discrimination. It takes more—such as statistical proof that the local labor pool includes other members of the employee’s protected class and that the organization employs a disproportionately lower number than should be on the payroll …

It’s OK to have higher expectations of employees during probationary period

12/01/2007

If your organization uses a probationary period to test out employees before making permanent hiring decisions, know that you can—and perhaps should—expect more during that period than you may later. It’s not unreasonable to expect new employees to be on their best behavior …

Negligent hiring in case of Marion VAMC surgeon?

12/01/2007

The panel that hired Dr. Jose Veizaga-Mendez as a surgeon for the Marion Veterans Affairs Medical Center (VAMC) is under scrutiny after he was implicated in nine suspicious deaths. A check into Veizaga-Mendez’s records revealed that he lost his license in Massachusetts in 2006 over accusations of “grossly” substandard care …

$27.5 million settlement in law firm’s age discrimination suit

12/01/2007

The international law firm of Sidley Austin LLP, Chicago, will pay $27.5 million to 32 former partners to settle an EEOC lawsuit. The EEOC claims 29 of the partners were either expelled or demoted during a 1999 reorganization, and the remaining three retired under the firm’s age-based retirement policy …

Execs sue Jays Foods’ parent company following bankruptcy

12/01/2007

Two former top executives have filed suit against Ubiquity Brands, the parent company of Jays Foods, over severance pay and unused vacation time that went unpaid when the company filed for bankruptcy in October …

Car dealer had a right to send salesman packing

12/01/2007

A salesman for Spring Hill Ford in East Dundee sued the company for race discrimination after he was fired for tardiness. Harland Creal admitted reporting to work 45 minutes late one afternoon in May 2005, but said his supervisor reprimanded him on the showroom floor and then became angry and orally abusive …

Pharmacists may follow conscience on dispensing Plan B

12/01/2007

Pharmacists who oppose abortion and object to dispensing Plan B emergency contraception will not have to do so as a result of a binding agreement reached with the state in October …