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

Unlawful workplace retaliation can take many forms, and an employee may even have a claim for activity outside of work. For example, as explained by the EEOC in his June 2019 press release, an employer can be liable where it prohibits or otherwise harasses an employee for participating in a Title VII investigation, lawsuit or other proceeding – even if the participation has nothing to do with the employee’s current job.
As explained by the EEOC, the employer in the case at issue sought to prevent its current employee, a coal miner, from testifying in a Title VII (national…
Continue Reading Retaliation for Supporting Another’s Claim of Discrimination is Illegal

The Illinois Wage Payment and Collection Act (the “IWPCA”) has long provided protections for employees to ensure their employers timely pay them all the compensation they are owed, including, in some cases, personal liability for the person making the decision to withhold compensation. It was recently amended to provide even greater safeguards for employees when it comes to expenses employees may incur in the course of doing their job duties. Effective January 1, 2019, Section 115/9.5 of the IWPCA now requires employers to reimburse employees for “all necessary expenditures or losses incurred by the employee within the employee’s scope of…
Continue Reading Illinois Law Now Requires Employers to Reimburse Employee Expenses

Over the years, I’ve dealt with a number of what I would call “near” whistleblowers. I say “near” because, while the potential client may have attempted to expose wrongdoing, they failed to do it in a way to bring them within whistleblower status as defined under Illinois law. It can be the ultimate lose-lose for the potential client – they are out of a job because of what they complained about and they do not have a legal path forward as a whistleblower. But it is a scenario that can be avoided.
First things first – in the employment context…
Continue Reading Avoiding the Pitfalls of “Near” Whistleblowers

Illinois has previously provided protections for pregnant women in the workplace. For example, the Illinois Human Rights Act has expressly recognized pregnancy as a protected personal characteristic. But now, with the passage of an amendment to the Illinois Nursing Mothers in the Workplace Act (the “Act”), Illinois has increased the rights of nursing mothers in the workplace.
Beginning in 2001, Illinois law required employers to provide nursing mothers unpaid lactation breaks in the workplace. But, in its original form, the Act only required “reasonable unpaid break time each day” with those breaks to be, if possible, to be at the…
Continue Reading Illinois Now Required Paid Nursing Breaks For At Least One Year