JOINT EMPLOYER WHO MADE NO DECISIONS IS NOT LIABLE UNDER THE ADA FAILURE TO REFER DRIVING JOBS SUPPORTED A CLAIM FOR GENDER DISCRIMINATION UNSPECIFIC TESTIMONY ABOUT HOURS WORKED DOES NOT SUPPORT A CLAIM FOR UNPAID OVERTIME POOR JOB PERFORMANCE BEFORE TERMINATION STOPS AN AGE CLAIM AN OWNER CAN BE PERSONALLY LIABLE FOR FLSA VIOLATIONS APPLICANTS […]
Employment Bulletin
McKenna Employment Bulletin – November 2014
YOUR EMPLOYEE’S PERMANENT RESTRICTION DOES NOT EXCUSE ACCOMMODATION AN ILLINOIS LAW STRENGTHENS WORKPLACE RIGHTS FOR PREGNANT WOMEN AND NEW MOTHERS OWNERS ARE NOT PROTECTED UNDER THE ADA AND TITLE VII YOUR HONEST BELIEF IN A LEGITIMATE REASON PREVENTS A FINDING OF PRETEXT FOR TERMINATION ILLINOIS INSURANCE DEPARTMENT ISSUES BULLETIN ON COVERAGE FOR TRANSGENDER INSUREDS YOUR […]
McKenna Employment Bulletin – October 2014
MILITARY RESERVE MEMBERS HAVE A FEDERAL RIGHT TO SELECT DAYS OFF FOR MILITARY TRAINING ILLINOIS DISTRICT COURT HOLDS THERE IS NO ADEA LIABILITY AGAINST INDIVIDUALS A RECURRING THEME IS THAT TITLE VII RACE DISCRIMINATION CHARGES REQUIRE COMPARATIVES ILLINOIS STATUTE LIMITS EMPLOYER’S ABILITY TO CONDUCT CRIMINAL BACKGROUND CHECKS OF JOB APPLICANTS THE PERIOD OF TIME IN […]
McKenna Employment Bulletin – September 2014
WISCONSIN SUPREME COURT UPHOLDS PUBLIC-EMPLOYEE UNION RESTRICTIONS SEVENTH CIRCUIT HOLDS THERE IS NO SET TIME INTERVAL WHICH PRECLUDES A RETALIATION CLAIM YOUR PERFORMANCE REVIEWS CAN STOP A GENDER DISCRIMINATION CLAIM IF YOU CHOOSE THE BEST QUALIFIED APPLICANT YOU PREVENT TITLE VII CLAIMS YOUR PROTECTABLE INTEREST IN YOUR CLIENTS INFORMATION CAN SUPPORT A PRELIMINARY INJUNCTION AGAINST […]
McKenna Employment Bulletin – August 2014
FMLA LEAVE INCLUDES CARE OF AN ADULT CHILD EMPLOYEE CAN FILE TITLE VII ACTION DESPITE AN ARBITRATION CLAUSE IN A UNION CONTRACT FAILURE TO SHOW SIMILARLY SITUATED CO-WORKER STOPS AN AGE AND RETALIATION CLAIM SHOWING SIMILARLY SITUATED CO-WORKER WAS TREATED MORE FAVORABLY SUPPORTS SEX DISCRIMINATION REQUESTS FOR ACCOMMODATION MUST RELATE TO THE ALLEGED DISABILITY EMPLOYEE’S […]
McKenna Employment Bulletin – July 2014
PRIOR DECISION TO TERMINATE STOPS A RACE CLAIM REFUSING TO FOLLOW A WORK SCHEDULE PREVENTS A RACE CLAIM LACK OF COMPARATIVES PREVENTS A DISABILITY CLAIM EMPLOYER’S FALSE REASON FOR NOT HIRING AN AFRICAN AMERICAN SUPPORTS THE APPLICANT’S RACE CLAIM TWO RACIALLY DEROGATORY COMMENTS DID NOT CREATE A HOSTILE ENVIRONMENT EMPLOYER’S LACK OF KNOWLEDGE OF A […]
McKenna Employment Bulletin – June 2014
DOCTOR’S STATEMENT IS SUFFICIENT TO DEMONSTRATE DISABILITY EMPLOYMENT CONTRACT STOPS A RETALIATORY DISCHARGE CLAIM SEX HARRASMENT BY THE EMPLOYEE STOPS HIS NATIONAL ORIGIN AND RETALIATION CLAIM EMPLOYER’S USE OF THE SAME CREDIT CHECK AS THE EEOC STOPS AN EEOC COMPLAINT EEOC CHARGE DOES NOT TOLL THE STATUTE OF LIMITATIONS FOR A STATE COMMON LAW CLAIM
McKenna Employment Bulletin – May 2014
FAILURE TO FOLLOW WORK RULES FOR ALL EMPLOYEES ENDS IN AN ADEA CLAIM A FAILURE TO PROMOTE CLAIM FAILS WHILE A TERMINATION CLAIM REMAINS A WORK RELATED REASON FOR TERMINATION STOPS A RETALIATION CLAIM INABILITY TO SIT FOR LONG PERIODS MAY BE A DISABILITY YOUR ESSENTIAL JOB ELEMENTS ARE THE MEASURE FOR DISABILITY THE DECISION […]
McKenna Employment Bulletin – April 2014
VOLUNTARY QUIT EQUALS NO ADVERSE ACTIONR LACK OF COMPARATIVES STOPS TITLE VII GENDER CLAIM DRUG TEST REQUIREMENT STOPS A RETALIATION CLAIM ADVERSE ACTION REQUIRES MORE THAN THE ISSUANCE OF A POOR EVALUATION AND SUBJECTIVE BELIEF YOUR PROMPT INVESTIGATION AND RESPONSE WILL PREVENT A HOSTILE ENVIRONMENT CLAIM YOU MUST HAVE FACTS TO SHOW EMPLOYMENT TESTS ARE […]
McKenna Employment Bulletin – March 2014
THE SUPERVISOR OF YOUR MANAGER MAY BE A COMPARATOR TO YOUR MANAGER CONFLICTS IN EVIDENCE KEEP AN AGE CLAIM ALIVE PHONY PROMISE OF JOB MAY PREVENT A FAILURE TO HIRE CLAIM TAKING CARE OF YOUR MOTHER IN LAS VEGAS MAY BE FMLA LEAVE INSUBORDINATE EMAILS STOP AN ADEA AND NATIONAL ORIGIN CLAIM TERMINATION AFTER NOTICE […]