

Kelly Smith Haley
As a partner in Fox, Swibel, Levin & Carroll’s Employment Law Group, Kelly Smith-Haley provides both preventive counseling and litigation services. Kelly offers preventive counseling to employers on a wide range of issues affecting the employment relationship, including EEO issues, employee handbooks and personnel policies, employment agreements, hiring and background checks, and strategies for employee discipline and termination. As part of her preventive counseling, Kelly provides live, interactive training (that is tailored to the employer’s industry) on how to avoid and navigate issues of harassment and discrimination in the workplace. Kelly’s goal is to help employers comply with local, state and federal laws, and thereby avoid litigation.
If an internal complaint is received, then Kelly is ready to conduct an independent investigation of the allegations, whether they relate to claims of sexual harassment (including same-sex harassment), racial discrimination, or discrimination based on other protected categories. At the conclusion of the investigation, she works with the employer to implement recommendations and assess client exposure, if any, through advice, counseling, and training.
Kelly regularly handles charges at the administrative level and litigates complaints in state and federal courts. She has successfully argued in state and federal court, including the Seventh Circuit Court of Appeals.
Kelly is passionate about issues affecting women and girls in Chicago, and is honored to serve as the Chair of the Chicago Foundation for Women’s Board of Directors. Kelly also serves as the Co-Editor of the Illinois Employment Law Letter, a monthly newsletter written to help Illinois employers stay current on local, state and federal employment law developments. Kelly loves writing and presenting on topics relating to employment law and issues of equity for women and girls. You can follow Kelly on Twitter @KellySmithhaley and on LinkedIn at https://www.linkedin.com/in/kelly-smith-haley-792a926a/.
- United Airlines, Inc. v. James Mueller and Etihad Airways P.J.S.C., Case No. 14 CH 01646 (Cir. Ct. of Cook County, Illinois). Kelly represented the employer and a former officer of the company in an action brought by United Airlines to enforce the former officer’s post-employment restrictive covenants. United sought a Temporary Restraining Order and Preliminary Injunction which would have prevented its former employee from commencing and continuing employment with Etihad Airways. After briefing and argument, the court denied United’s motion for a temporary restraining order and allowed United’s former employee to begin employment with Etihad. The plaintiff ultimately dismissed its case without receiving any compensation from our clients.
- Greg Dady v. Cherry Logistics Corp. and Charise Simmers, Case No. 12 cv 1301 (N.D. Ill.). Kelly represented the employer and an officer of the company against another officer’s claims for sexual harassment and retaliation under Title VII. Cherry Logistics and Ms. Simmers filed a motion for summary judgment on plaintiff’s claims. Plaintiff voluntarily dismissed the action with prejudice prior to a ruling on the merits of Defendants’ motion for summary judgment.
- Victoria House v. S&C Electric Co., Case No. 13-cv-5664 (N.D. Ill.). Steve and Kelly represented the employer in an action brought by a former employee alleging sex and race discrimination. This case has involved extensive written and oral discovery, including the defense of nine depositions of current and former company employees. At the conclusion of discovery the court granted the company’s motion for summary judgment on all claims.
2018 Publications
- Young-man, there’s a need to feel down (after losing ADA claim) August 7, 2018
- Morgan Stanley Wins Bet on Untimeliness to Scotch Sexual Harassment Claim February 15, 2018
- New Year Brings New Job Applicants, More Exposure to Equal Pay Act Claims February 8, 2018
- Court Provides New Guidance on What to Expect When You’re Expecting (or Breastfeeding) February 1, 2018
- First Things First: Court Outlines Test for ADA Interference Claims January 31, 2018
2017 Publications
- Retaliation – The Marcia Brady of Employment Law November 1, 2017
- Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses September 26, 2017
- Was There Fallout from Nuclear Plant Employee’s ADA Claim? August 17, 2017
- Think You Can’t Terminate an Employee on FMLA Leave? Think Again August 15, 2017
- Company Laptop Not Fair Game in Employee’s Personal Injury Lawsuit — For Now March 30, 2017
2016 Publications
- ADA: Injured Worker Commits Error en Route to Shutout in 7th Circuit August 10, 2016
- ADA: Injured worker commits error en route to shutout in 7th Circuit – August 10, 2016
- Illinois court dumps nursing mother’s breastfeeding claims – June 15, 2016
- FMLA: Court sees through Illinois Costco manager’s retaliation claim – May 19, 2016
- Employment Law Alert: Defend Trade Secrets Act—Notice Anything New? – May 11, 2016
- Illinois Court allows ink to dry on police department’s tattoo policy – February 09, 2016
- Illinois Court refuses to make temp’s civil rights claims permanent – January 6, 2016
2015 Publications
- Illinois professor gives reverse discrimination claim the old college try – November 18, 2015
- 7th Circuit lacks conviction for police officer’s ADA claim – October 14, 2015
- Illinois employers can’t ‘bank’ on unlimited authority to deny discretionary bonuses – September 02, 2015
- Illinois court allows company to enforce employment contracts – August 12, 2015
- Illinois teacher’s night of drinking did not violate school board’s alcohol policy – June 10, 2015
- Illinois court flushes employee’s whistleblowing claim down the drain – April 29, 2015
- Termination based on refusal to self-incriminate not retaliatory – April 27, 2015
2014 Publications
- Design firm’s DIY social media approach not ‘liked’ – September 15, 2014
Kelly received her B.A. in English from the University of Notre Dame. She received her J.D., magna cum laude, from Loyola University Chicago School of Law, where she was a member of the Loyola University Chicago Law Journal.