Tag Archives: Seventh Circuit

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

Ninth
On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination claims. As is typical for the federal appeals courts, the case (Hivey v. Ivy Tech Community College) had already been decided … Continue reading this entry

EEOC Must Conciliate, But Still Few Answers Regarding Routine Separation Agreement Provisions

EEO Compliance
In February 2014, the EEOC sent waves through employer communities when it filed a lawsuit against a national retail pharmacy contending some of the company’s separation agreement provisions — which many considered “standard” and largely unremarkable — interfered with employee rights under Title VII and therefore violated the civil rights law. In October 2014, however, the … Continue reading this entry

Be Careful What You Say During a Union Organizing Campaign

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or other concerted activity, employers are having to become ever more careful about what they say. Even truthful and seemingly innocuous statements made … Continue reading this entry

Multiple Requests for Extension of Medical Leave – Three Strikes and the Employee Is Not Out!

A recent Americans with Disabilities Act case is a reminder the employers must proceed carefully before denying repeated requests for extensions of medical leave by an employee. In the case, the employer had a “personal leave” policy that allowed for up to two additional 30-day leaves of absence after Family and Medical Leave Act leave … Continue reading this entry

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

EEOC
To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already publicly disclosed information. Seems simple enough, you might say. But of course, simplicity in the application of what seem like common … Continue reading this entry