Justice Department Argues that Sexual Orientation Discrimination Can Violate Title VII

Sexual orientation discrimination is already illegal in many places, including Illinois.  Discrimination against gay men and lesbians as well as bisexuals and transgendered persons has become a substantial part of the practice of many employment discrimination attorneys.  But it is not, strictly speaking, a violation of Title VII of the Civil Rights Act of 1964, the major […]

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How Men and Women Are Facing Gender Discrimination In Today’s Workplace

Gender discrimination is not a new concept, as it has been around for quite some time. And while in today’s world, women have the ability to be as equally as successful as men, there are still things that certain genders may experience due to outdated and age old thoughts on gender equality. Men and Women Are […]

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EEOC Settles 45 year old Race Discrimination Case for 1.65 Million Against Sheet Metal Workers’ Union

The EEOC announced on April 13, 2016 that it reached a partial settlement of a race discrimination claims made against Local 25 of the Sheet Metal Workers’ International Association and its associated apprenticeship school. The lawsuit was originally filed in 1971 in the Southern District of New York by the Department of Justice. The EEOC replaced the DOJ in […]

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Supreme Court Affirms Use of Representative Damage Analysis in Wage and Hour Class Action

The Supreme Court affirmed the 2.9 million dollar jury award in Tyson v. Bouaphakeo for time workers spent donning and doffing personal protective equipment (often called PPE). To prove the amount of unpaid work, the employees relied on an expert study to calculate the average time it takes to don and doff the PPE. Relying on this […]

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Supreme Court Will Decide: Are Car Dealership Service Advisors Entitled to Overtime

Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here. The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service […]

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Filing A Discrimination Claim…Here’s What You Need To Know

Discrimination in the workplace can appear in many forms. Whether discrimination was in regards to an employee’s age, sex, race, national origin, color, religion, disability, or sexual orientation, there are a variety of ways discrimination can occur. It is important to know, however, that every employee is protected under state and federal laws in order to prevent […]

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Handling Discrimination and Harassment Claims In The Workplace

Running a successful business means running a workplace free of harassment and discrimination. However, there may be potential workplace issues that come up, making it critical that you are handling it in an appropriate manner. Here is how to properly handle a discrimination or harassment claim in your workplace: Be respectful. When a complaint is brought to your attention, […]

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2-Years Later – Two Years of Continued Employment is Required for a Non-Compete

In January of 2015, we discussed non-compete agreements here.  In that article we explained that a non-compete agreement, like any other contract must be supported by “consideration” — that is to say that the employee must receive some benefit for signing a non-compete agreement.  Otherwise, the non-compete agreement is invalid and unenforceable.  (This is separate and […]

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The Confusion About Statutes of Limitations in Race Discrimination Cases

Under Title VII of the Civil Rights Act of 1964, an employee has 180 days from the date of a discriminatory act to file a charge of discrimination with the EEOC.  That 180 days is expanded to 300 days in those states which have their own Human Rights Act.  But Title VII is not the only law against race […]

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I Need to Attend My Kid’s School Conference But I cannot Get Time Off? What do I do??

Illinois (as well as California and D.C.) requires that an “employer must grant an employee leave of up to a total of 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the employee’s child if […]

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