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eodian@hinshawlaw.com
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Beth Odian defends employers in the manufacturing, banking, retail, healthcare and service industries, as well as municipalities and non-profits …

Showing 27 posts by Elizabeth A. Odian.

Employee May Proceed with Claim Her Employer Led Her to Believe She Could Take FMLA Leave Before She Qualified

Employers cannot force employees to take medical leave before they become eligible for FMLA leave. Nor can they lull an employee into believing they will be granted leave despite being ineligible, then terminate when they take leave. This seems like common sense, right? Hopefully so, but a recent Wisconsin district court case reminds us common sense does not always prevail in the workplace. More ›

Wisconsin Supreme Court Mints New Test for Determining Discriminatory Intent in Disability Cases

In a huge win for Wisconsin employers, the Wisconsin Supreme Court rejected the longstanding version of the inference method followed by the Labor Industry Review Commission (LIRC) to determine intent in disability discrimination cases involving conduct that manifests from the employee’s disability. It replaced LIRC’s method with a two-part inquiry that requires employees to prove (1) the employer took an adverse employment action against him or her because of conduct caused by his or her disability, and (2) the employer knew the employee’s conduct was caused by his disability. More ›

Experience Caps Run Afoul of ADEA’s Disparate Impact Provision, and Outside Applicants May Sue Thereunder Rules 7th Circuit

If your company hires in Illinois, Indiana, or Wisconsin, and uses years of experience ranges in job postings, it is time to break out the red pen and strike the upper end of those ranges. In a 2-1 opinion, the 7th Circuit recently held the disparate impact provision of the Age Discrimination in Employment Act (ADEA) protects outside job applicants as well as internal job applicants. Now, hiring practices that disparately impact outside applicants over age 40 are unlawful. Applying that ruling in the case before it, the court revived a disparate impact lawsuit claiming experience caps disparately impacted older workers in violation of the ADEA. More ›

6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII

In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious employer “cannot rely on customers’ presumed biases to establish a substantial burden” under the Religious Freedom Restoration Act (RFRA). Thus, the employer’s sincerely held religious beliefs did not free it from the proscriptions of Title VII. More ›

Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record Discrimination?

Believe it or not, individuals with criminal convictions can make a business out of trolling online job boards for job postings that express an intent to discriminate against applicants with conviction records—think job postings with “no felonies” as a qualification. Postings of this type run afoul of the Wisconsin Fair Employment Act, which prohibits employers (1) from circulating job ads and applications that express an intent to discriminate against applicants with conviction records and (2) from refusing to hire applicants because of their arrest or conviction record (among other types of discrimination directed at individuals with arrest and conviction records). Postings that violate this prohibition can cost your company a whole lot of headache and money. Penalties range from a cease and desist order to job instatement and backpay if the applicant can show he or she would have been hired but for her conviction. More ›

Hinshaw Employment Webinar Series: Employer-Assisted Student Loan Repayment Programs

The Hinshaw employment webinar series kicks off its next program on March 8, with a presentation by Vaishali Rao and Anthony Antognoli about the growing trend of employer-assisted student loan repayment programs. Vaishali and Anthony will offer a series of best practices and tips for success on this topic, including identifying risks, offering regulatory insight, examining tax treatments, and providing a checklist for planning and deploying a successful employer-assisted student loan repayment program.

For more information, and to register, visit: https://www.hinshawlaw.com/events-Employer-Assisted-Student-Loan-Repayment-Programs.html

Temporary Employees in Wisconsin Now Able to Bring Tort Suits for Work Injuries Despite Worker's Compensation Act's Exclusive Remedy Provision

In a game-changing decision, the Wisconsin Court of Appeals recently ruled that temporary employees who have not filed a compensation claim under Wisconsin’s Worker’s Compensation Act may sue their temporary employer in tort. In other words, they may choose to file a worker’s compensation claim or file a lawsuit seeking damages not available under the Act. The decision is likely to cause shock waves among employers who use temporary employees--until this decision, employers were previously immune from tort claims by all employees, temporary or permanent, under the Act’s exclusive remedy provision. More ›

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid.  Its announcement comes in the wake of the 9th Circuit’s adoption of the test, joining the 2nd, 6th, and 11th Circuits.  With the announcement, the DOL also updated Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act. These moves displace a 6-part test the DOL adopted in 2010 that required all factors weigh in favor of the employer. More ›

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to enable the employee to perform the essential job functions upon return. The panel rejected that position, noting it glossed over the length of the requested leave, improperly transforming the ADA into "an open-ended extension of the FMLA." More ›

Wisconsin Court of Appeals Green Lights Right-to-Work Law

On Tuesday, the Wisconsin Court of Appeals lifted an injunction entered by the lower court freezing enforcement of 2015 Wisconsin Act 1, Wisconsin’s “Right-to-Work” law, dealing a blow to unions across the state. More ›

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