As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more
Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District...more
3/18/2022
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Class Certification ,
Disability Discrimination ,
Disparate Impact ,
FRCP 23 ,
Illinois ,
Infrastructure ,
Pedestrians ,
Pro Bono ,
Rehabilitation Act ,
Roads ,
Section 504 ,
Signs ,
Title II
On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more
2/4/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Personal Data ,
Personally Identifiable Information ,
Preemption ,
Statutory Damages ,
Statutory Interpretation ,
Workers Compensation Act ,
Workplace Injury
On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more
1/19/2022
/ Civil Rights Act ,
Class Action ,
Class Certification ,
Department of Corrections ,
Disparate Impact ,
Employer Liability Issues ,
Employment Litigation ,
FRCP 23(f) ,
Hiring & Firing ,
Race Discrimination ,
Title VII ,
Workplace Exam Standards
On January 25, 2019, in a closely watched case, the Illinois Supreme Court ruled that a plaintiff need not allege or demonstrate actual harm to have standing to pursue a claim under the Illinois Biometric Information Privacy...more
1/28/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Breach ,
Data Collection ,
Data Security ,
Data Storage ,
Employer Liability Issues ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Standing ,
Statutory Rights ,
Willful Violations
The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more
10/30/2017
/ Article III ,
Background Checks ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Putative Class Actions ,
Spokeo v Robins ,
Standing ,
Statutory Rights ,
Subject Matter Jurisdiction
On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more
6/24/2017
/ Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Mootness ,
Popular ,
Putative Class Actions ,
Reversal ,
Rule 68 ,
Settlement Offer ,
TCPA