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Photo of Employment Law Observer Eileen M. Caver
Associate
ecaver@hinshawlaw.com
815-490-4900
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Eileen Caver focuses her practice in labor and employment law, with particular emphasis in compliance with state and federal laws and regulations …

Showing 17 posts by Eileen M. Caver.

New Illinois law Limits an Employer's Ability to Conduct Criminal Background Checks of job Applicants

On July 19, 2014, Illinois Governor, Pat Quinn, signed into law the Job Opportunities for Qualified Applicants Act, 30 ILCS 105/5.855. The Act, which goes into effect on January 1, 2015, significantly limits an employer's ability to request or review the criminal background information of applicants as part of the hiring process and is a victory for "Ban the Box" advocates working in several states. More ›

Supreme Court Finds NLRB Recess Appointments were Invalid

On January 4, 2012, when Congress was out of session for a three-day period, President Obama appointed three members to the National Labor Relations Board pursuant to the Recess Appointments Clause of the Constitution. Thereafter, the NLRB, including the newly appointed members, issued a ruling finding that Pepsi-Cola distributor, Noel Canning, unlawfully refused to execute a collective-bargaining agreement with a labor union. Noel Canning challenged the ruling on the grounds that the three members appointed by President Obama were invalidly appointed and that the NLRB did not have authority to act when it issued its order.    More ›

State Employee’s Retaliation Claim Barred by Eleventh Amendment

An employee for a State administrative agency sued the agency and various state employees alleging retaliation in response to a prior disability discrimination suit he filed against the same employer. Among other defenses, the employer asserted that as a state agency it was immune from suit under the Eleventh Amendment and the doctrine of sovereign immunity. The district court did not rule on the issue but granted summary judgment for the employer on other grounds.  More ›

In Significant Title VII Harassment Decision, U.S. Supreme Court Limits Definition of “Supervisor”

An African-American female who served in a University's dining services division filed a complaint against the University alleging racial harassment and discrimination due to the actions of a white catering specialist who worked at the same location. The catering specialist did not direct the employee's day-to-day activities or have authority to hire, fire, demote or discipline the employee, but sometimes handed the employee her list of tasks and directed the employee in the kitchen. The employee alleged that the catering specialist was her supervisor and that the University was liable for the creation of a racially hostile work environment. More ›

Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire

A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment program. More ›

Third Circuit Upholds Termination of Employee for Dishonesty About Drug Addiction on a Post-Offer Medical Questionnaire

A hospital-employer hired the employee as a security guard. On his post-offer medical questionnaire, the employee affirmatively stated that he had never suffered from drug or alcohol addiction in the past nor participated in a drug and alcohol treatment program. Thereafter, the employee suffered an injury at work and reported to the hospital’s emergency department. When discussing his treatment with the physician, the employee indicated that he was a recovering drug addict. The employee’s medical information was then transferred to the hospital’s employee services division. Upon learning that the employee had suffered from past drug addiction, the hospital terminated the employee for dishonestly on his post-offer medical questionnaire. More ›

Federal Court Holds that Hospitals Providing HMO Services to Federal Employees are Federal Contractors at the Same Time the OFCCP Appears to Increase Its Focus on Auditing Health Care Providers

Several years ago, the Federal Office of Contract Compliance Programs (OFCCP) requested that three Pennsylvania hospitals provide copies of affirmative action plans and other materials required of Federal Contractors. Each hospital had a Health Maintenance Organization (HMO) contract with the UPMC Health Plan to provide medical products and services to United States Government employees pursuant to a contract between the Health Plan and the United States Office of Personnel Management (OPM). The hospitals resisted the audits by the OFCCP arguing that their provision of medical care through the HMO plans did not render the hospitals government contractors or subcontractors and that their contracts specifically stated that the hospitals were not to be considered subcontractors. The Department of Labor’s Administrative Review Board ruled in favor of the OFCCP. More ›

Tenth Circuit Finds that Corporations Cannot Suffer From A Hostile Work Environment

A cleaning company owned by two white women had a cleaning contract with a city airport. Throughout the period of the contract, the cleaning company’s owners and employees worked with a contract-compliance technician at the airport to arrange for cleaning services. According to the owners of the cleaning company, the technician, an African American male, made discriminatory comments regarding the owners’ gender and race and made the work environment miserable for their employees. When the owners of the cleaning company complained that the airport staff was not treating them well and that the airport was discriminating against the company, the airport terminated the contract. Thereafter, the cleaning company sued the airport and the technician alleging gender and race-based discrimination and a violation of its constitutional rights. More ›

Seventh Circuit Upholds Decision in Favor of Employer in Race Discrimination Case

Two African-American nurses filed a complaint against their hospital-employer alleging that the hospital had discriminated against them on the basis of race and retaliated against them for their complaints about racial discrimination in violation of Title VII. Throughout their employment, both nurses complained about their working conditions. They alleged their supervisors failed to make the changes that they recommended and treated them less favorably due to their race. The nurses also alleged that they were retaliated against due to their complaints of race discrimination. More ›

NLRB: Auto Dealership did not Violate Labor Law when it Fired Employee for Posting Facebook Photos of Accident at Sales Event

In a decision made public yesterday, the National Labor Relations Board determined that a car dealership employee who was terminated for posting mocking photos on Facebook of a serious accident at its "Ultimate Driving Event" was not engaged in concerted activity, and that his termination. therefore, did not violate the National Labor Relations Act. The decision in Knauz Motors, Inc. d/b/a Knauz BMW, Case 13-CA-046452 (Sep. 28, 2012), is not all good news for employers, however, as the Board suggested that other photos posted by the employee, which mocked the food at the sales event — but which no other employee commented on or joined in — constituted protected activity because they related to earlier complaints from the sales team regarding the food. More ›

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