EEOC

U.S. Supreme Court Has Been Busy on the Employment Front

In the last two months, the U.S. Supreme Court has decided three different cases, all of which have significant implications for employers.

Limitations Period For Bringing Discrimination and Retaliation Claims May Be Contractually Shortened

E. Jason Tremblay A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois. In Lugihibl, […]

Possible legal challenges CVS might face due to its new health insurance wellness policy

Arnstein & Lehr Chicago Partner Mark Spognardi was interviewed for a Law360 article, “CVS Worker Weigh-Ins Should Survive Lawsuits,” published March 30. The article focuses on the possible legal challenges CVS might face due to its new health insurance wellness policy. The insurance will cost employees more money if they don’t commit to participating in […]

Court approves discovery questionnaire seeking social media information

Employers and in-house counsel facing class-wide litigation received a welcome opinion from the District of Colorado to kick-off the new year. In EEOC v. The Original Honeybaked Ham Co. of Georgia, Inc., the court approved a questionnaire for claimants to identify numerous sources of electronic information, including that which could be used to access social […]

7th Circuit takes another look at reassignment as a reasonable accommodation under the ADA

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “7th Circuit takes another look at reassignment as a reasonable accommodation under the ADA.” The article discusses the 7th Circuit opinion, EEOC v. United Airlines, Inc., which re-examined whether transferring an employee with a disability to a vacant […]

6 tips for complying with EEOC guidance when using arrest and conviction records

Chicago Partner Mark Spognardi recently wrote an article, “6 tips for complying with EEOC guidance when using arrest and conviction records,” that discusses the Equal Employment Opportunity Commission’s April 2012 revision of the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Right Act of […]

New EEOC Rule Requires Employers to Retain Workers Records to Prove Compliance with GINA

The U.S. Equal Employment Opportunity Commission (EEOC) has implemented a new record-keeping rule that requires employers to retain workplace records for potential Title II investigations to demonstrate their compliance with Title II of the Genetic Information Nondiscrimination Act (GINA). GINA prevents the use of genetic information to discriminate against individuals whose genetic records may call […]

Improper Use of Criminal Background Information in Making Hiring Decisions Can Land an Employer in Hot Water!

Employers must be mindful of how they use criminal background information in making hiring decisions to avoid liability for failing to hire an applicant. Employers may not simply reject an applicant solely because they have an arrest record and/or “criminal” history. Rather, the employer must consider the impact of a conviction on the particular job. […]

Jason Tremblay discusses litigation involving HR professionals in Human Resource Executive article

Arnstein & Lehr Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of […]