A recent federal court decision has important implications for workers facing intrusive medical questions from their employers. In Williams v. United Parcel Service, the U.S. Court of Appeals for the Seventh Circuit ruled that an employee’s ADA claim could proceed after UPS sidelined him for refusing to disclose detailed medical information—despite being medically cleared to work.

Mr. Williams had worked for UPS for over 20 years without issue. After experiencing a brief health event outside of work, he was cleared by his doctor to return to his job. But UPS refused to reinstate him unless he disclosed the cause of the…
Continue Reading Just Don’t Ask: 7th Circuit Reminds Employers About Limits on Medical Inquiries

As 2025 approaches, Illinois is enacting significant new legislation that enhances employee rights and workplace protections. These updates affect areas such as pay transparency, discrimination protections, and child labor laws, signaling the state’s commitment to fostering fair and inclusive workplaces.

Time to File with the Illinois Department of Human Rights

As of January 1, 2025, Illinois will extend the statute of limitations (time limit) to file a charge with the IDHR from 300 days to two years.

Pay Transparency Requirements

Starting in 2025, companies in Illinois with at least 15 employees must include wage ranges and applicable benefits in all…
Continue Reading Updates to Illinois Employment Laws Coming in 2025

The Seventh Circuit U.S. Court of Appeals (which includes jurisdiction over Illinois) recently ruled in favor of a former executive sales leader who filed a lawsuit against his employer for $330,000 in unpaid incentive pay. This case, Das v. Tata Consultancy Services, has significant implications for employee rights in Illinois under the Illinois Wage Payment and Collection Act (Wage Act), which protects workers’ rights to receive earned wages.

The employer argued it wasn’t obligated to pay the bonus, citing that the incentive plan stated payments were “at the sole discretion of the Corporate Vice President” and thus did not create a…
Continue Reading Seventh Circuit Court Of Appeals Explains That Only An “Agreement” Is Needed For A Wage Claim, Not A Contract

In Svec v. City of Chicago, the Illinois Court of Appeals decided an important case testing the potential boundaries of an emotional damages award in a retaliation case. The court’s analysis of emotional damages is crucial for plaintiffs seeking justice under whistleblower laws. This case provides key insights into how emotional distress is evaluated and compensated in retaliation cases.

Beth Svec, a detective with the Chicago Police Department, testified to severe emotional distress after reporting misconduct by fellow officers. She was transferred to less desirable assignments and subjected to a hostile work environment. The jury awarded her $3 million for emotional…
Continue Reading Illinois Court of Appeals Awards $1,500,000 For Emotional Damages From Retaliation

Employees presented with a severance agreement should be aware of a National Labor Relations Board (NLRB) decision with significant implications. In a February 2023 ruling, the Board deemed confidentiality and non-disparagement provisions in severance agreements unlawful when presented to employees protected by Section 7 of the National Labor Relations Act (NLRA).

The NLRB reasoned that these provisions stifle employees’ exercise of their rights under Section 7, which guarantees workers the right to self-organize, form labor unions, bargain collectively, engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and refrain from any or all of such…
Continue Reading NLRB Throws Shade on Confidentiality, Non-disparagement Clauses in Severance Agreements

In a major victory for workers’ rights, the Chicago City Council has approved an ordinance that will guarantee all workers in the city at least 10 days of paid leave annually. This is a significant expansion of the current paid leave policy, which only requires employers to provide five days of paid sick leave.

The new ordinance took effect on January 1, 2024. Workers will earn one hour of paid leave and paid sick leave for every 35 hours worked, with a maximum of 40 hours per year for each type of leave. Five of these days can be used…
Continue Reading Chicago Workers to Gain Significant Paid Leave Benefits

In a pivotal move towards fostering equal opportunity employment, Illinois has taken a bold step by mandating pay transparency in job postings. This groundbreaking amendment to the Illinois Equal Pay Act, signed into law by Governor J.B. Pritzker on August 11, 2023, signifies a significant step in addressing wage disparities and promoting workplace fairness. The new regulation requires employers to disclose salary or wage ranges for positions in job advertisements, a move that promises to reshape hiring practices and contribute to a more equitable job market.

Historically, pay disparities have been a persistent issue, disproportionately affecting women and minorities. The…
Continue Reading Illinois Mandates Pay Transparency in Job Postings

Governor J.B. Pritzker recently signed the Paid Leave for Workers Act, which takes effect on January 1, 2024.  The Act requires employers to provide eligible employees with paid sick leave and is designed to promote a healthier and more productive workforce by enabling workers to take time off for their own or their family’s health needs without fear of losing pay or their job.

The Act covers employers with at least one employee  and paid leave will accrue at the rate of one hour of paid leave for every 40 hours worked up to a minimum of 40 hours of…
Continue Reading The Illinois Paid Leave for Workers Act Allows Employees Leave For Any Reason They Choose

The Illinois One Day Rest in Seven Act (ODRISA), which requires employers to provide employees with at least one day of rest per week, has recently been amended. The amendments to the law, which went into effect in 2023, provide greater protection for employees who work more than 40 hours per week and ensure that they receive proper compensation for their overtime hours.

Under the amended law, employers are required to provide employees with written notice of their right to one day of rest per week. This notice must be provided to all new employees at the time of their…
Continue Reading Amendments to the Illinois’ One Day Rest in Seven Act Provide Further Employee Protections

On June 15, 2020, the U.S. Supreme Court made clear, in a 6-3 ruling, that federal law, through Title VII, protects workers from discrimination based on sexual orientation and gender identity. 

The Court held that “Title VII makes it ‘unlawful … for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual … because of such individual’s race, color, religion, sex, or national origin.” “The straightforward application of Title VII’s terms interpreted in accord … with their ordinary public meaning at the time of their enactment resolves these cases.”

For…
Continue Reading U.S. Supreme Court Rules That Title VII Prevents Sexual Orientation Discrimination