Employers put their companies and themselves at great legal risk (unnecessarily!) when they assume that their pregnant employees cannot do their job just because they are pregnant. Of course, pregnancy can affect or limit an employee’s ability to do her job in certain ways, but employers should be very careful that they do not make…

Good news for Illinois employers! On August 13, 2018, Illinois Governor Rauner vetoed House Bill 4572. This proposed “anti-business” legislation would have expanded the definition of employers covered under the Illinois Human Rights Act with regard to employment discrimination of certain types (i.e., race, national origin, religion) from employers with 15 employees or more to…

Over the last several years, the Wisconsin Labor and Industry Review Commission (“LIRC”) has developed a maddening interpretation of the Wisconsin Fair Employment Act as it relates to disability discrimination; that is, if the conduct that prompted an employee’s discipline was caused by a disability, then taking action based on that conduct is an act…

On Monday, June 4, 2018, the United States Supreme Court issued its ruling in Masterpiece Cake Shop Ltd, et al. v. Colorado Civil Rights Commission, et al. Case No. 16-111 in which it ruled in favor of a Christian baker who had refused to bake a custom wedding cake ordered by a same-sex couple in…

One of the constants over the last few decades in Labor and Employment Law has been the fact that our society has become more litigious (i.e. people file lawsuits at the drop of a hat). Unfortunately, that saga now seems to be impacting the “older generation” as well. On April 26, 2018, the Seventh Circuit…

This discrimination case is a heartening legal victory for the employer. A Seventh Circuit Court of Appeals panel agreed with defendant employer Freedom Mortgage Co. in a racial discrimination suit filed by an African-American former employee. The Seventh Circuit upheld a lower court’s ruling that the former employee didn’t have proof that the employer fired…

From President Trump’s Recent Executive Order and the U.S. Supreme Court’s Anticipated Decision this spring on Use of Public Bathrooms According to One’s Gender Identity, to a Case Pending in Minnesota Federal Court Involving Claims of Discrimination in Health Care under the Affordable Care Act and the Minnesota Human Rights Act On February 22nd, the…

Title VII of the Civil Rights Act of 1964 is a federal law which prohibits employers (with at least 15 employees) from discriminating in the workplace based on such issues as religion. Title VII specifically forbids companies from any of the following actions concerning religion in the workplace: failing to hire or promote applicants or…

On August 26, 2014, Illinois Governor Pat Quinn signed into law House Bill 8 (HB8) that amends the Illinois Human Rights Act (IHRA) by placing “new obligations on employers” with regard to their pregnant employees. While the law will not take effect until January 1, 2015, employers should be cognizant of the new obligations imposed…

As most private employers are well aware, numerous federal and state government agencies conduct on-site investigations and have been doing so for a long period of time [for example, Occupational Safety and Health Administration (OSHA inspectors) and United States Department of Labor (USDOL inspectors)]. Soon to be joining this array of “government visitors” is the…