In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653, December 17, 2015, 7th Circuit, CVS fired a store manager and offered her a severance agreement which she signed. The agreement included a broad release of waivable claims relating to her employment, including claims under Title VII. The agreement expressly carved out the manager’s […]
About James DeNardo
McKenna Employment Bulletin – October 2015
FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION FALSE TIMESHEETS PREVENT A TITLE VII CLAIM AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE […]
McKenna Employment Bulletin – September 2015
THE EEOC DOES NOT HAVE TO NAME A REJECTED JOB APPLICANT TO BRING SUIT COURT CAN LIMIT THE SCOPE OF A RESTRICTIVE COVENANT TAMPERING WITH AN EMPLOYEE’S WORK PRODUCT AND ASSIGNING DIFFICULT WORK SUPPORTS A TITLE VII ACTION RESULTS OF THEFT INVESTIGATION STOPS A TITLE VII SUIT FAILURE TO REQUEST AN ACCOMMODATION AND BEING AN […]
McKenna Employment Bulletin – August 2015
REQUEST FOR LIGHT DUTY MUST MATCH THE DOCTOR’S RESTRICTIONS U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CLASSIFYING WORKERS INFORMATION AVAILABLE TO THE PUBLIC IS NOT PROTECTED CONFIDENTIAL INFORMATION LACK OF KNOWLEDGE OF THE EMPLOYEE’S PRIOR COMPLAINT STOPS A RETALIATION CLAIM FAILURE TO SHOW INTENT STOPS A RACE DISCRIMINATION CLAIM
McKenna Employment Bulletin – July 2015
PUT THE LEVEL OF PERFORMANCE IN YOUR EMPLOYEE CONTRACTS TO PROTECT FROM BREACH OF CONTRACT ACTIONS A DOCTOR’S SHORT-TERM MEMORY LOSS COULD NOT BE ACCOMMODATED BY HIS EMPLOYER NO FACTUAL BASIS STOPS CHARGES OF RACE AND RETALIATION VIRGINIA PATIENT AWARDED VERDICT FOR TAPED DEFAMATORY AND OFFENSIVE STATEMENTS RIGHTS FOR SAME-SEX COUPLES TO MARRY SHORT TIME […]
McKenna Employment Bulletin – June 2015
COURT REFUSES PRELIMINARY INJUNCTION TO UNIVERSITY EMPLOYER WHICH WOULD ALLOW NONCOMPLIANCE WITH THE “AFFORDABLE CARE ACT” YOU DO NOT HAVE TO COMPLAIN TO THE PERSON DESIGNATED BY THE EMPLOYER EMPLOYER’S FALSE CLAIM OF POOR JOB PERFORMANCE SUPPORTS A RETALIATION CHARGE THE SUPREME COURT HOLDS THAT COURTS HAVE AUTHORITY TO REVIEW THE EEOC’S DUTY TO CONCILIATE […]
McKenna Employment Bulletin – May 2015
SEVEN MONTH GAP AFTER FMLA LEAVE PREVENTS RETALIATION SECLUDING AN EMPLOYEE FROM THE WORKPLACE SUPPORTS A COMPENSATORY DAMAGE AWARD THE PERSON TERMINATING MUST KNOW THE BIAS OF THE PERSON RECOMMENDING THE TERMINATION IN ORDER FOR THE BIAS TO SUPPORT A CAUSE OF ACTION YOUR DISCRETIONARY BONUS PLAN MAY SUPPORT A BREACH OF CONTRACT CLAIM YOUR […]
McKenna Employment Bulletin – April 2015
SUPREME COURT DECLINES TO RULE ON BREASTFEEDING IN THE WORKPLACE FEMALE ALLEGED AGE AND SEX DISCRIMINATION WHERE EMPLOYER STATED HE WANTED TO REPLACE HER WITH A YOUNG MALE MCDONNELL DOUGLAS BURDEN-SHIFTING APPLIES IN A PREGNANCY DISCRIMINATION ACT CASE YOUR AFFIDAVITS IN SUPPORT OF A TERMINATION MUST BE FACT BASED THE GENERAL CONTRACTOR WAS NOT THE […]
Intentional Infliction of Emotional Distress Based On Sexual Orientation Discrimination Preempted By The Illinois Human Rights Act
In Schroeder v RGIS, Inc., 2013 IL App (1st) 122483 (June 11, 2013), the plaintiff filed a claim alleging intentional infliction of emotional distress against his former employer. The basis of his intentional infliction claim was allegations of discrimination and retaliation based on the plaintiff’s sexual orientation. The Court dismissed the plaintiff’s complaint and ruled […]
If You Are An Employee Don’t Admit Termination If You Want To Plead Failure To Recall
In Shelton v. OSF Saint Francis Medical Center, 2013 IL App (3d) 120628 (June 19, 2013), the plaintiff alleged in a verified amended complaint that she was terminated from her employment. The Court found this was a judicial admission. The plaintiff’s cause of action was based, however, on the single theory of retaliatory failure to […]