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BT Currents - Hot Topics in Employment Law

09 Dec 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 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 “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 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 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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