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By Condon McGlothlen

Together with labor economists and political pundits, employment counsel and HR professionals keep wondering if and when U.S. hiring figures will rebound.  The economy as a whole seemed to have turned a corner as 2014 got underway – new jobs figures had been strong for months, unemployment was declining steadily.  The Federal Reserve, accordingly, announced that its
Continue Reading Hiring Risks and Rewards for 2014

By Tracy Billows, Annette Kim, and Abigail Cahak

Finding balance, being able to spend more time with children, aging parents, and still maintaining a job are hot topics we regularly see in the media.  Well, if Congresswoman Carolyn B. Maloney has her way, the Family and Medical Leave Act (“FMLA”) will be expanded to address some of these
Continue Reading New Bill Proposes Expansion of FMLA to Include Smaller Employers and Parent Involvement Time

By Jeffrey Ross & Condon McGlothlen

We’ve raised concerns for a long time that there are a lot of employment separation agreements floating around that do not necessarily reflect best practices.  So the EEOC’s recent lawsuit challenging CVS’s separation agreement is not all that surprising.

The EEOC complaint alleges that the CVS form “constitutes resistance to the full enjoyment of
Continue Reading The EEOC Wake-Up Call On Employment Separation Agreements

By Clark Smith

Back in September, we blogged about the EEOC’s recent enforcement of the Genetic Information Nondiscrimination Act.  GINA prohibits employers from requesting genetic information from applicants or employees, and from making employment decisions based on the genetic information.  In May 2013, the Commission settled its first GINA‑based action against a Tulsa fabric manufacturer, Fabricut, Inc.  Last month, the
Continue Reading Recent Settlement Highlights EEOC’s Commitment to Genetic Information Nondiscrimination Act Enforcement

By Lawrence P. Postol

Before Congress passed the 2008 Amendments to the Americans With Disabilities Act (“ADA”), courts generally held temporary disabilities were not covered by the ADA.  Thus, if an employee had a temporary condition such as a broken leg or acute bronchitis, employers after the 12 weeks of  Family Medical Leave Act (“FMLA”) leave ended, often required employees
Continue Reading Temporary Disabilities – No Need To Worry About The ADA, Right? Think Again

By James R. Beyer

Earlier this week, we blogged about the Illinois Vehicle Code that became effective on January 1, 2014.  We advised that “The enactment of this amendment provides Illinois employers with the opportunity to publish (or create) a policy that tells employees that they are NOT to talk on their mobile phones while on company business and in
Continue Reading Employees Using Cellphones And Other Portable Devices While Driving: Should Employers Ban This Completely?

James L. Curtis, Erin Dougherty Foley, and Craig B. Simonsen

Effective January 1, 2014, the Illinois Vehicle Code, at 625 ILCS 5/12-610.2, was amended to prohibit driving while using an electronic communication device, including hand-held wireless telephones, hand-held personal digital assistants, or portable or mobile computers.

The amendment provides for exceptions including the use of hands-free devices,
Continue Reading Employees Driving In Illinois? What Employers Need to Know

By Natascha B. Riesco

It may soon be easier for obese plaintiffs to claim disability discrimination.  The American Medical Association (AMA) recently declared obesity as a “disease,” which may have supersized implications for employers as they deal with reasonable accommodation requests and disability discrimination claims from overweight employees.  So is obesity a disability?  Can employers defend these claims on the
Continue Reading Obesity is a Disability. Wait: Is Obesity a Disability?

By Pamela Devata, Paul Kehoe & Alnisa Bell

On December 17, 2013, Elizabeth Warren (D-Mass.), along with six other senators, introduced a bill, otherwise known as the Equal Employment for All Act, that would amend the Fair Credit Reporting Act (the “FCRA”)  to prohibit employers from using or obtaining consumer reports for prospective and current employees containing any information
Continue Reading Separating Fact from Fiction: Analyzing the Equal Employment for All Legislation and the Use of Credit Checks in Employment Decisions