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NURSING HOME CARE ACT PROVIDES STRONG WHISTLEBLOWER PROTECTIONS TO NURSING HOME EMPLOYEES FIRED FOR REPORTING VIOLATIONS OF ILLINOIS LAW AND FEDERAL LAW TO THEIR SUPERVISORS

On July 29, 2010, The Illinois Nursing Home Care Act was amended to include strong whistleblower protections to nursing home employees (including nursing home administrators) who engage in protected activity by doing any of the following: 1. Discloses or threatens to disclose to a supervisor or to a public body (like the Illinois     […]

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STAA Protects Truck Drivers From Retaliation For Refusing To Drive While Ill or Fatigued

The Surface Transportation Assistance Act (STAA), 49 U.S.C. 31105(a)(1)(B)(i) prohibits employers from retaliating against truck drivers who refuse to drive a truck because driving the truck would violate 49 C.F.R. 392.3 which prevents employers from requiring a truck driver to drive, while the truck driver’s ability or alertness is impair, or likely to become impaired, […]

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DISCRIMINATION AGAINST VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE

The Victim’s Economic Security and Safety Act (VESSA) and the Illinois Human Rights Act provide some measures of protection for persons under orders of protection because of domestic violence from employment discrimination. Each statute has its limitations. ILLINOIS HUMAN RIGHTS ACT – ORDER OF PROTECTION STATUS Thes Illinois Human Rights Act, 775 ILCS 5/1-103(K-5) defines […]

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U.S. DEPARTMENT OF LABOR PROPOSED AMENDMENTS TO WHITE-COLLAR OVERTIME EXEMPTIONS

The U.S. Department of Labor is finally proposing a rule to amend the Fair Labor Standards Act’s overtime regulations. The Fair Labor Standards Act, 29 U.S.C. 207(a)(1) requires employers to pay employees at one and one-half times the regular rate for every hour worked in excess of 40 hours in a work week. However, the […]

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The Illinois Human Rights Act Provides Better Remedies for Age Discrimination Than The Age Discrimination in Employment Act (ADEA).

American workers are remaining in the workforce beyond normal retirement age. Unfortunately, employers will continue to discriminate against employees 40 years of age and older. Federal law under the Age Discrimination in Employment Act (ADEA) and Illinois law under the Illinois Human Rights Act, prohibit age discrimination in employment. Both statues protect employees who are […]

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EMPLOYERS CANNOT GAG WHISTLEBLOWERS WITH CONFIDENTIALITY AGREEMENTS

Employers have been trying to use confidentiality clauses to prevent employees from reporting violations of Illinois and federal laws to government authorities. Employers use these confidentiality clauses to gag whistleblowers by threatening discipline, termination, and/or legal action. Most of these confidentiality clauses prevent employees from reporting suspected violations to outside parties without employer approval. No […]

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US Supreme Court Rules on Denial of Accommodation Claims Under Pregnancy Discrimination Act

On March 25, 2015, in Young v. UPS, Inc., the United States Supreme Court considered the application of the second clause of the Pregnancy Discrimination Act, 42 U.S.C. 2000e(k) amending Title VII in a denial of accommodation disparate treatment claim which states: “. . . . women affected by pregnancy, childbirth, or related medical conditions […]

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PREGNANCY DISCRIMINATION AND ACCOMMODATION REQUIREMENTS OF THE ILLINOIS HUMAN RIGHTS ACT

The pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act became effective on January 1, 2015. Arguably the amendments to the Illinois Human Rights Act provide broader accommodation requirements than the Pregnancy Discrimination Act of 1978, 42 U.S.C. 2000e(k), which amended Title VII of the Civil Rights Act of 1964 to prohibit sex […]

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WHAT IS WRONGFUL TERMINATION?

Wrongful termination is a theory of liability commonly referred to as retaliatory discharge or wrongful discharge. The names wrongful termination, retaliatory discharge, and wrongful discharge are used interchangeably. Whether you refer to it as wrongful termination, wrongful discharge or retaliatory discharge it means the same thing, that an employer can be liable for firing an employee […]

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What Should You Do If Your Employer Makes You Participate in Conduct That Violates The Law?

You do not have to follow your employer’s orders to participate in any conduct that you reasonably and in good faith believe violates an Illinois or federal law, rule or regulation. Any employer that retaliates against an employee for refusing to participate in an activity that would result in a violation of an Illinois or […]

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