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Employment Law Alert

Seventh Circuit Upholds EEOC's Investigatory Authority Despite Resolution of the Underlying Case in favor of the Employer

In this appeal, Union Pacific Railroad challenged the EEOC’s authority to continue its investigation after issuing a Right to Sue letter and after the district court had granted summary judgment in favor of the employer. While an issue of first impression in this circuit, similar challenges have created a split in authority between the Fifth   Continue Reading »

Common Actor Interference a Jury Question Not Suitable for Summary Judgment

The Seventh Circuit Court of Appeals previously explained that the “common actor inference” says it is reasonable to assume that if a person was unbiased at Time A (when he decided to hire the plaintiff), he was also unbiased at Time B (when he fired the plaintiff).  This principle dates back to EEOC v. Our   Continue Reading »

Illinois One Day in Seven Rest Period Can Be Waived by Employee

Illinois’ One Day Rest in Seven Act provides that employees are to be provided 24 hours of rest for every 7 days worked.  ODRISA, 820 ILCS 140/1. In the case at bar, an employer subject to a collective bargaining agreement with an arbitration clause decided to prohibit employees from working 7 consecutive days without a   Continue Reading »

7th Circuit Court of Appeals Affirms Preliminary Injunction Authorizing Transgender Bathroom Use

On May 30, 2017, the 7th Circuit Court of Appeals ruled that the district court did not err in granting the plaintiff’s motion seeking issuance of a preliminary injunction in an action alleging that the defendant school board’s refusal to allow plaintiff, a17 year old transgender student, to use the boy’s restroom violated Title IX   Continue Reading »

Johnson and Bell

Johnson and Bell