Insights

Employers Gain By Noting Discipline Problems As They Occur

Posted by: Nancy J. Townsend and Kate Trinkle on January 1, 2020

A recent decision of the Seventh Circuit Court of Appeals sensibly finds that an employer’s failure to address behavior problems immediately does not necessarily forfeit its right to count those “black marks” on the employee’s record when making employment decisions later. The court also confirms…

FMLA Covers an Employee's Attendance for CSE/IEP School Meetings

Posted by: Nancy J. Townsend and Kate Trinkle on January 1, 2020

On August 8, 2019, the Department of Labor (“DOL”) issued its opinion that the FMLA covers employees’ attendance at meetings to discuss the Individualized Education Program (IEP) of their children.

Background. The employer denied a mother’s request to take intermittent FMLA leave to attend her…

Seventh Circuit Weighs Whether Obesity Is A Disability Under The ADA

Posted by: Nancy J. Townsend and Kate Trinkle on January 1, 2020

On June 12, 2019, the Seventh Circuit Court of Appeals determined that obesity qualifies as a disability under the Americans with Disabilities Act (ADA) only if it results from an underlying physiological disorder or condition.

Background. In Richardson v. Chicago Transit Authority, 926 F.3d 881 (7…

CITGO Petroleum Will Pay Applicant $162,500 to Settle EEOC ADA Discrimination Suit

Posted by: Nancy J. Townsend and Kate Trinkle on January 1, 2020

On September 19, 2019, the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) announced a settlement agreement with CITGO Petroleum Corporation’s Lemont, Ill., refinery, to resolve allegations that CITGO violated the Americans with Disabilities Act (ADA).[1] As a part of…

A Flexible Interactive Process Decides the Appropriate Accommodation

Posted by: Nancy J. Townsend and Kate Trinkle on January 1, 2020

The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits disability discrimination in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. A recent case from the Seventh…

DOL Issues Proposed New Overtime Rule

Posted by: Amy J. Adolay on March 7, 2019

The U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking yesterday with respect to current overtime regulations. The status of the DOL’s overtime regulations has been in limbo since 2016, when a final rule was issued changing the salary requirements for the categories of employees…

Status of New Overtime Regulation under the FLSA

Posted by: Amy J. Adolay on July 12, 2017

After months of employers wondering what would happen to the new overtime rule that was to go into effect on December 1, 2016, but was halted through an injunction issued by a federal district court, we have some new insight. But first, some history.

The anticipated overtime rule under the Fair…

DOL Withdraws Guidance Document on Independent Contractor/Employee Classification

Posted by: Amy J. Adolay on July 12, 2017

On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing an Administrator’s Interpretation (Interpretation) issued just two years earlier, on July 15, 2015, which set forth criteria for determining whether a worker is an employee or an independent contractor under the…

Recent 7th Circuit Court of Appeals Decision Changes Legal Standard for Employment Discrimination Cases

November 8, 2016

There have been major changes in the legal standard courts must use when evaluating employment discrimination disputes. In August, the 7th Circuit Court of Appeals (which governs federal courts in Indiana) clarified the proper legal standard for analyzing employment discrimination cases at the…