2008 Articles

EEOC issues guidance on employment testing By Michael R. Lied June 2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.

Employee has claim for harassing workplace behavior not directed at her By Michael R. Lied September 2008 Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.

Employee lawfully discharged after objecting to disclosing protected health information By Michael R. Lied September 2008 Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.

Employer loses insurance coverage for failure to timely report a claim of discrimination By Michael R. Lied September 2008 The lesson here? Read your policy requirements. Arrowood Indemnity Co. refused to defend Westrec Marine Management Co., because Westrec failed to timely report a claim of discrimination.

Employer’s challenge to unemployment benefits may be evidence of unlawful retaliation By Michael R. Lied February 2008 In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.

Employer’s confidentiality policy violates labor law By Michael R. Lied September 2008 The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.

Employer’s test for tobacco use might violate ERISA By Michael R. Lied June 2008 A summary of Rodrigues v. The Scotts Co., LLC and EG Sys., Inc., d/b/a Scotts Lawnservice.

Employment claims based on association with another person By Michael R. Lied December 2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.

He said, she said: Handling uncorroborated allegations of sexual harassment By Richard A. Russo June 2008 While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.

Illinois acts to protect biometric information By Michael R. Lied December 2008 Illinois recently enacted the Biometric Information Privacy Act, Public Act 95-0994.

Illinois Appellate Court declines to broaden employee rights or to narrow the Employment-At-Will Doctrine By Paul E. Freehling February 2008 Imaginative counsel for employees regularly try to persuade Illinois courts to adopt new rationales for restricting the employment-at-will doctrine.

The Illinois Personnel Records Review Act: Do I really have to give him the secret memo? By Stephen E. Balogh & Adam M. Fleming June 2008 At a recent meeting of the Labor & Employment Law Section Council, members became embroiled in an argument over a question none could answer with certainty.

Improving HR service quality By Stanley J. Dale, MA, JD February 2008 In case you didn’t get it from the title, HR Excellence is written for the Human Resource professional who wants to discern processes to improve and increase the value of HR services in organizations.

Memorizing secret information may violate Trade Secrets Act By Michael R. Lied September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.

New decisions highlight employer duties under Family & Medical Leave Act By Mandy Combs December 2008 Two decisions issued this month by the U.S. Court of Appeals Chicago are focusing new interest on employers’ responsibilities under the Family & Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654.

NLRB modifies recognition bar rule By Michael R. Lied February 2008 The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).

Plaintiff’s prior lawsuits and mental health treatment may be admissible evidence By Michael R. Lied September 2008 In September 2003, Davis began employment with Lincare as a full-time healthcare specialist. Lincare’s area manager, Kline, promoted her to center manager in June 2004.

Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied February 2008 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.

Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.