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ALERT: Seventh Circuit holds Title VII prohibits sexual orientation discrimination

Upending three decades of precedent, the Chicago-based U.S. Court of Appeals for the Seventh Circuit held on April 4 that Title VII of the Civil Rights Act of 1964 covers discrimination on the basis of sexual orientation. The landmark ruling is the first federal appellate court decision to extend Title VII’s ban on sex discrimination to sexual orientation.

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Court Weighs Illinois Bus Driver’s Obesity as a Disability Under the ADA

An obese Chicago Transit Authority (CTA) bus operator alleged he was discriminated against when the agency refused to allow him to return to work following medical leave. A federal court recently said “fat chance” to the CTA’s request for early dismissal of the driver’s Americans with Disabilities Act (ADA) claim.

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Home Chef Moving to the Wrigley Building

Fox Swibel recently represented Home Chef, a leading meal–kit delivery service, in the negotiation and documentation of a lease for the Company’s new headquarters in the Wrigley Building.

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Illinois Court Takes Charge, Finds No Charge in Disability Case

Before an individual may file a lawsuit under federal and state nondiscrimination laws—such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Illinois Human Rights Act (IHRA)—she must first file a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a parallel state agency, such as the Illinois Department of Human Rights (IDHR).

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FLSA: Do Tipped Workers Have a Minimum Wage Claim?

Employers with workers who earn tips have long struggled with adhering to special rules for tipped employees, especially when those employees may also perform duties that don’t produce tips. A recent decision by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides some much needed clarity and comfort to employers.

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Illinois Court Dumps Nursing Mother’s Breastfeeding Claims

A recent case from a federal court judge in Chicago provides a useful overview of certain statutes that rarely make headlines but nevertheless set the bar for nursing mothers. So dust off the breast pump, spruce up the office lactation room, and settle in for a...

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Illinois Court finds Chicago Eatery’s FLSA Claims Unappetizing

Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion....

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Peg Anderson Takes Parking to the New Millennium

Margaret (Peg) Anderson served as outside general counsel for LMG2, LLC in the sale of a concessionaire interest for $370 million to Millennium Parking Garages LLC (MPG), a joint venture of Northleaf Capital Partners and AMP Capital.

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New Overtime Rules

In May, the U.S. Department of Labor (DOL) released updated regulations that will expand federal overtime pay protections under the Fair Labor Standards Act (FLSA). The new rules, which take effect December 1, 2016, raise the minimum salary threshold required to...

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Retaliation: 7th Circuit Blows Whistle on Insubordinate Workers

Retaliation claims of the “whistleblower” variety continue to fill court dockets and vex employers. A recent decision by the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) gives you reason for hope.” The complete article originally...

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Expanding Leadership. Same Fox Swibel.

Fox Swibel is pleased to announce Terrence Stein as a capital partner. As chair of the Firm’s Tax Group, Terry focuses on domestic and international tax matters, especially mergers, acquisitions, dispositions, reorganizations, restructurings, workouts, joint ventures,...

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Happy Holidays from Fox Swibel!

Your Charity is Our Charity At the close of another year, we gratefully pause to wish you a happy Holiday Season. As a special thank you for your business, Fox Swibel will make a donation to the charity of your choice, in your name. To share your charity’s...

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CLIENT ALERT: Restrictive Covenants

Illinois employers searching for answers on how to draft enforceable restrictive covenants received fresh, albeit difficult to swallow, guidance from an Illinois Appellate Court decision issued October 26, 2015. InAssuredPartners, Inc. v. Schmitt, 2015 IL App (1st) 141863 (Ill. App. 1st Dist. 2015), the court refused to enforce noncompetition, nonsolicitation, and confidentiality provisions contained in an employment agreement, finding each covenant overbroad.

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7th Circuit Lacks Conviction for Police Officer’s ADA Claim

Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. Whether an accommodation seems reasonable often is in the eyes of the beholder. A recent opinion from the U.S. 7th Circuit Court of...

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Illinois Court Allows Company to Enforce Employment Contracts

Employers understand that their employees often will need to have access to sensitive, confidential business information to effectively perform their jobs. But employers also understand that their company may just be a pit stop on an employee’s career road trip....

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Deductions From Pay: Court Curbs Cab Drivers’ Wage Claims

The Illinois Wage Payment and Collection Act (IWPCA) fundamentally requires employers to pay wages to employees in accordance with the agreement or arrangement between the parties. A recent decision illustrates that it can’t be used as a cure-all in every situation in...

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Termination: Illinois Supreme Court Tips Scale for Employers

Several years ago, three employees of a soybean company claimed they were discharged in retaliation for blowing the whistle on their employer’s allegedly illegal activities. Since then, the dispute has been up and down the Illinois court system. Now, the Illinois...

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New Laws Affecting Illinois Employers Take Effect January 1

One of the new laws, the Job Opportunities for Qualified Applicants Act, prohibits most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until...

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Design Firm’s DIY Social Media Approach Not ‘Liked’

Blogs. Posts. Tweets. Unless you’ve been hiding under a rock since Y2K, you know the use of social media has exploded. Companies are increasingly using social media outlets such as Twitter, Facebook, and LinkedIn not only to promote their own products and services but...

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