AGE-RELATED COMMENTS SHOW PRETEXT AND RETALIATION RELEASE OF CLAIMS DOES NOT VIOLATE TITLE VII BE SPEEDY IN YOUR TERMINATIONS IF POSSIBLE POOR WORK PERFORMANCE PREVENTS NATIONAL ORIGIN DISCRIMINATION CLAIM EMPLOYEE’S NONPERFORMANCE AND INTIMIDATION STOP DISABILITY CLAIM ADHD MAY NOT BE A DISABILITY UNDER THE ADA
Publications
McKenna Employment Bulletin – February 2015
U.S. SUPREME COURT WILL RULE ON SAME SEX MARRIAGE TRAVELING NURSE TERMINATED FOR SEIZURE DISORDER NOT AN ADA VIOLATION NO RACE DISCRIMINATION WHERE RECENT HIRES WERE OF THE SAME RACE NO RETIREE CONTRIBUTION TO RETIREE HEALTH BENEFIT PLAN ENDS WITH THE EXPIRATION OF THE AGREEMENT WITH THE UNION EMPLOYER EXPRESSION OF DISDAIN FOR THE EEOC […]
McKenna Employment Bulletin – January 2015
TRIBAL HIRING PREFERENCE IS NOT DISCRIMINATION WHEN BASED ON POLITICAL CLASSIFICATION APPLICANTS HAVE NO STANDING TO SUE UNDER TWO FEDERAL WHISTLEBLOWING ACTS VOLUNTEER NUNS HAD NO STANDING TO SUE NO COMPARATIVES AND VIOLATIONS OF COMPANY POLICY STOPS A RETALIATION CLAIM NATIONAL LABOR RELATIONS BOARD SAYS EMPLOYEES CAN USE WORKPLACE EMAIL SYSTEMS FOR UNION ACTIVITY ARRIVING […]
McKenna Law Update & News – December 2014
In This Issue… ILLINOIS SUPREME COURT DEFINES “DISTRACTION” IN OPEN AND OBVIOUS CASES COULD RENTAL CAR COMPANY’S LIABILITY BE WITHOUT LIMITATION? NEW ILLINOIS LAWS REGARDING JURIES AND LIMITATIONS ON ASBESTOS ACTIONS TO TAKE EFFECT IN JUNE 2015 TRIALS AND CASE DISPOSITIONS McKENNA NEWS
McKenna Employment Bulletin – December 2014
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 […]
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 Law Update & News – September 2014
In This Issue… 2003 DEADLY LINCOLN PARK PORCH COLLAPSE RULED AS ONE OCCURRENCE LIMITING INSURER’S POLICY LIMIT DUTY OF REASONABLE CARE IMPOSED UPON GENERAL CONTRACTOR UNDER "RETAINED CONTROL" EXCEPTION TRIALS AND CASE DISPOSITIONS CONGRATULATIONS!!!!
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 […]