On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment...more
The #MeToo movement led to legislative action on the federal, state and local levels, as lawmakers imposed new and varied requirements on employers in an effort to prevent sexual harassment in the workplace.
Such measures...more
6/23/2022
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employer Liability Issues ,
Hostile Environment ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
Regulatory Requirements ,
Sexual Harassment
On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more
6/15/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Labor Law Violations ,
Reasonable Accommodation ,
Title VII ,
Wage and Hour
On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”). The Amendment will go into effect on January 1, 2023.
Rest Days...more
On April 27, 2022, the Chicago City Council passed Ordinance 2022-665 (the “Ordinance”) amending the Municipal Code to enhance the City’s prohibitions on sexual harassment in the workplace. The amendments include, among other...more
5/20/2022
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Corporate Culture ,
Employer Liability Issues ,
Hostile Environment ,
Illinois ,
Labor Reform ,
Local Ordinance ,
Sexual Harassment ,
Sexual Orientation
Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more
On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more
On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more
4/19/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Illinois ,
Retaliation ,
State Labor Laws ,
Statutory Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On January 25, 2022, the Illinois Department of Labor (“IDOL”) issued notices to 625 Illinois businesses to inform them that they have until May 25, 2022 to submit their Equal Pay Registration Certificate (“Certificate”)...more
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 October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more
As we previously reported, a new amendment to the Illinois Freedom to Work Act (820 ILCS § 90) regarding the use of non-competition and non-solicitation restrictive covenants for Illinois employees will take effect on January...more
11/15/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Amendments ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
On September 17, 2021, an Illinois Appellate Court addressed the appropriate statute of limitations period for claims brought pursuant to the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”), 740 ILCS §...more
On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more
8/19/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and...more
Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management,...more
On May 26, 2021, Chicago Mayor Lori Lightfoot introduced a series of ordinances (the “Ordinances”) which seek to implement new wage theft protections and provide certain employees with the ability to take paid “secure leave.”...more
On March 23, 2021, Illinois Governor Pritzker signed into law SB1480. As discussed below, the law makes significant changes to the Illinois Human Rights Act (IHRA), the Illinois Equal Pay Act (IEPA) and the Illinois Business...more
3/24/2021
/ Anti-Retaliation Provisions ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Governor Pritzker ,
Hiring & Firing ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies
Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. ...more
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual...more
The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...more
The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”). The Act would require “essential employers” to provide...more
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing...more
5/18/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
First Responders ,
Governor Pritzker ,
Layoffs ,
Non-Essential Businesses ,
Operators of Essential Services ,
Paid Sick Leave Act ,
Pay Reductions ,
Remote Working ,
Shelter-In-Place ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
On April 28, 2020, the Illinois Department of Human Rights (the “IDHR”) published its model sexual harassment prevention training program...more