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BT Currents - Hot Topics in Employment Law
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24 Jun 2016 Chicago Workers to Earn Paid Sick Leave as Trend Continues in Big U.S. Cities

Employers who have a Chicago-based workforce will need to begin preparations for their employees to earn and use up to five paid sick days per year now that the Chicago City Council has taken action to require sick time benefits.   The new requirement, scheduled to go into effect July 2017, will allow workers within the city to earn one hour of sick time for every 40 hours of work, up to a maximum of five paid days per 12-month period.  Workers also will be…

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15 Apr 2016 EEOC Consent Decrees Highlight That Employers Must Prevent ADA Claims — Or Pay the Consequences

Public consent decrees that resolved several recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuits are a stark reminder that clear policies and training can help employers to avoid such consequences.   A common theme of the recently-settled EEOC lawsuits is that once the EEOC files a lawsuit it will demand a public settlement that includes substantial financial terms and non-monetary relief including posting of notices in the workplace and mandatory training.   In a case that the EEOC filed against a paper manufacturing company…

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04 Mar 2016 Should Charging Parties Read Your Position Statement? EEOC Says Yes.

  The EEOC is implementing nationwide procedures that will disclose employer position statements – submitted in response to charges of discrimination – to charging parties and their attorneys upon request during the course of the EEOC’s investigation of the charge.   If the employer’s position statement is provided to a charging party, there is a 20-day period for the charging party to provide a response to the EEOC, but that response will not be provided to the respondent/employer during the investigation, according to a summary…

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26 Jan 2016 The EEOC wants to hear your opinion on retaliation claims under Title VII

  If you would like to add your two cents to the debate about compliance with anti-retaliation provisions in Title VII and other federal non-discrimination statutes, the EEOC is listening.   The EEOC has announced that it has prepared an Enforcement Guidance on retaliation and has now opened the process for public comments.  The EEOC last issued guidance on retaliation back in 1998, so now it is seeking to update its guidance to incorporate recent rulings from the U.S. Supreme Court and lower federal courts…

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09 Dec 2015 Illinois Amends Unemployment Act Includes specific misconduct that can disqualify an employee from unemployment benefits

Amendments to the Illinois Unemployment Insurance Act, which take effect on Jan. 3, 2016, may mean employers will have a better chance of winning challenges to claims for unemployment  benefits in instances where employees have engaged in specific types of misconduct.   The changes to the Act, which Gov. Bruce Rauner signed into law on Dec. 4, include a new list of specific employee actions that constitute misconduct sufficient to disqualify an employee from unemployment benefits.   For years, the Illinois Department of Employment Security…

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18 Sep 2015 New rules provide insights for pregnancy accommodations in Illinois

Since the start of the year, all employers in Illinois with one or more employees are required to provide accommodations for pregnant workers for conditions associated with pregnancy and childbirth.  Now the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC) have issued a set of proposed joint rules to assist with interpretation and enforcement of the new law.   Under amendments to the Illinois Human Rights Act that went into effect on Jan. 1, 2015, employers and labor organizations must…

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10 Aug 2015 “Blue-penciling” saves the day in noncompete cases – sometimes, but not always

In the sue-or-be-sued world of post-employment restrictive covenants, the outcome ultimately hinges on which side can convince a judge that it is entitled to have its way. To enforce, or not to enforce – that is the question that judges are called upon to decide.  And sometimes the answer is to enforce but with limitations.   A recent case from the U.S. Seventh Circuit Court of Appeals is a reminder that in some jurisdictions a judge can exercise discretion to narrow an overly broad covenant…

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26 Jun 2015 EEOC revises its enforcement guidance on pregnancy discrimination to comport with recent Supreme Court ruling

The EEOC just issued a revised version of its Enforcement Guidance on Pregnancy Discrimination and Related Issues in order to address a number of issues related to the U.S.  Supreme Court’s recent decision in Young v. United Parcel Service, __ U.S. __135 S.Ct. 1338 (2015), which addressed the issue of disparate treatment of pregnant workers.   The newly released version of the Enforcement Guidance will supersede the prior Enforcement Guidance on Pregnancy Discrimination that the EEOC released in July 2014 while the Young v. UPS…

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21 May 2015 Constructive discharge case reaches the U.S. Supreme Court

While the U.S. Supreme Court is sprinting to the finish line of its current 2014-2015 term at the end of June, the court already is starting to fill its docket of cases for the October 2015 term and a constructive discharge case will be among those heard and decided in the next year.   In a nutshell, a constructive discharge claim arises when an employee asserts that an employer made working conditions so intolerable that a reasonable person in the employee’s position would feel forced…

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19 Feb 2015 Putting Out a Welcome Mat for Disabled Workers: Government Guide Provides Tips for Hiring and Retention

In a continuing effort to bolster employment prospects for individuals with disabilities, a number of federal agencies have joined forces to produce a guide that encourages employers to open their doors to more disabled workers.   The publication, entitled “Recruiting, Hiring, Retaining, and Promoting People with Disabilities: A Resource Guide for Employers,” was published online earlier this month via the whitehouse.gov site.   The guide has a number of useful pointers and links for hiring managers and supervisors who work with individuals with disabilities.  In…

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