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Will the “Spirits” of the Holiday Haunt You?

Seyfarth Synopsis: This blog considers sexual harassment allegations in the context of the holiday party. To date, no one seems immune from the allegations: celebrities, politicians, presidents. See for instance Time...more

A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial

Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview...more

The White House Issues a Proclamation on Women’s History Month

Seyfarth Synopsis:  President Biden recently proclaimed March 2023 as Women’s History Month. Biden also introduced womenshistorymonth.gov, for learning more about the contribution of women in our Nation’s history....more

Holiday Safety Liabilities and Tips to Limit Employer Liability at Company Parties

The U.S. Department of Labor has blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks....more

The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation...

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it...more

Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy

Seyfarth Synopsis: On July 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in an Americans With Disabilities Act discrimination and retaliation case filed by an employee with multiple...more

Trust But Verify: Conduct Your Own Investigation Before Termination

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated...more

There Is No Try: Elimination of Religious Belief Conflict to Work Obligations Accommodation Must Do …. ( Unless Doing So Would...

Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must....more

Amendments To Illinois’ One Day Rest in Seven Act Mitigates Against Hunger Pangs and Rest Deprivation

Seyfarth Synopsis: Recent and Important Amendments to Illinois’ One Day Rest in Seven Act...more

Seventh Circuit Rejects University Lecturer’s Title VII Failure to Promote, Unequal Pay Claims

Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In...more

First Circuit Sides with Employer in Race Discrimination Suit Brought by Former Garbage Man

Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man...more

Seventh Circuit Finds that Steel Worker with Uncontrolled Seizure Disorder Would Pose a Direct Threat to Workplace Safety

Seyfarth Synopsis: On February 11, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court order granting a steel producer’s motion for summary judgment on disability discrimination claims filed by...more

An End to At-Will Employment in Illinois? Newly Introduced Legislation Seeks to do Just That

Seyfarth Synopsis: On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate employees for just-cause, and require...more

An Age Old Problem: Age Discrimination Cases in the Workplace

Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some...more

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

Top Takeaways from Crain’s Hospital CEO Webinar “Health Care Beyond the Hospital”

On December 10, 2020, Crain’s Chicago Business held a virtual Hospital CEO Webinar entitled “Health Care Beyond the Hospital.” The event, which focused on the future of health care delivery in light of COVID-19, was moderated...more

Between a Rock and a Hard Place–Employer’s Longstanding Efforts to Improve Diversity Leads to Accusation of “Reverse”...

Seyfarth Synopsis: A recently filed “reverse” discrimination action in an Ohio federal court is reflective of a trend about which we recently cautioned employers. Namely, employers are facing a pushback–often by white, male...more

Your Accommodation Can’t Be That Bad, You Asked For It….

Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability...more

7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more

Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position...

Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more

Considerations for Employers Returning To Work Amidst Social Unrest and COVID-19

Seyfarth Synopsis: In light of recent events, the Employment Law Lookout Blog provides some reflection and thought on returning to work in uncertain times....more

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Eight Circuit Maintains High Bar for Hostile Work Environment Claims

Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more

IDHR Releases Guidance on Workplace Transparency Act Compliance, Promises Model Training In February

Seyfarth Synopsis: Effective January 1, 2020, the Illinois Workplace Transparency Act (WTA) amended the Illinois Human Rights Act (IHRA) to, among other items, require all employers in Illinois to provide annual sexual...more

Sixth Circuit “Regarded As” ADA case — When Reality and Perception Collide

Seyfarth Synopsis: The Americans with Disabilities Act (ADA) not only provides protection to individuals who have physical or mental impairments, but to individuals an employer may perceive to have such impairments. These...more

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