By: Oyvind Wistrom Earlier this week, the U.S. Supreme Court resolved a split in the circuits as to whether an employee is required to show a “significant” injury or harm in connection with a job transfer to meet the threshold for proving an adverse employment action under Title VII of the Civil Rights Act of […]
Category Archives: Discrimination/Equal Rights
ILLINOIS GOVERNOR TO SIGN LEGISLATION PROVIDING MANDATORY PAID LEAVE FOR ALL WORKERS
February 27, 2023 By: Sally Piefer and Alexandra (Sasha) Chepov On January 10, 2023, both houses of the Illinois legislature passed the Paid Leave for All Workers Act (the “Act”), which requires private employers to provide a minimum of 40 hours of paid leave for employees to use for any reason. Governor Pritzker has indicated […]
EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES
January 9, 2023 By: Samantha J. Wood On December 29, 2022, President Biden signed into law an omnibus appropriations bill, which expands protections for pregnant and nursing employees under The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The Pregnant Workers Fairness Act The PWFA, which goes […]
LINDNER & MARSACK, S.C., ANNOUNCES 2022 SUPER LAWYERS AND 2023 BEST LAWYERS DESIGNATIONS
Lindner & Marsack, S.C., today announced team members acknowledged by Super Lawyers magazine. Honorees include Douglas Feldman, Gary Marsack, Daniel Pedriana, Andrew Quartaro and Oyvind Wistrom, along with Melissa Stone and Samantha Wood who were named by the organization as “Rising Stars.” U.S. News & World Report and Best Lawyers also announced their designations for 2023, […]
EMPLOYER NOT REQUIRED TO OFFER LIGHT DUTY POSITIONS TO PREGNANT EMPLOYEES
By: Oyvind Wistrom The Seventh Circuit Court of Appeals in EEOC v. Wal-Mart Stores East, L.P., No 21-1690 (7th Cir. Aug. 16, 2022) recently recognized that an employer has the right to exclude pregnant workers from its light duty work program created for employees injured on the job. While the case addressed only the exclusion […]
U.S. SUPREME COURT RULES THAT TITLE VII PROTECTS LGBTQ WORKERS FROM DISCRIMINATION
June 15, 2020 By: Samantha J. Wood Today, the U.S. Supreme ruled that Title VII of the Civil Rights Act bars discrimination on the basis of gender identity and sexual orientation. Title VII makes it “unlawful…for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any […]
SEVENTH CIRCUIT ISSUES ADA REASSIGNMENT GUIDANCE
By: Kristofor L. Hanson & Christopher J. Saugstad November 25, 2019 The Seventh Circuit Court of Appeals recently clarified its position concerning reassignment as an accommodation under the Americans with Disabilities Act (the “ADA”). Under the ADA, employers have an affirmative duty to reasonably accommodate an employee’s disability. While engaging in the interactive process to […]
Title VII Now Covers Discrimination Based on Sexual Orientation
By: Kristofor L. Hanson The Seventh Circuit Court of Appeals has determined that Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation. On April 4, 2017, the Chicago-based court, which presides over federal matters in the states of Wisconsin, Illinois and Indiana, became the first federal court of appeals […]
GOVERNOR WALKER PROPOSES TO ELIMINATE THE LABOR AND INDUSTRY REVIEW COMMISSION
By: Jonathan T. Swain February 13, 2017 In his recently published proposed biennial budget for fiscal years 2018 and 2019, Governor Walker has proposed to eliminate the Wisconsin Labor and Industry Review Commission (LIRC). LIRC is an independent three member commission appointed by the Governor that currently handles all appeals of Administrative Law Judge (ALJ) […]
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CHANGES COURSE ON RELEASING EMPLOYER POSITION STATEMENTS TO CHARGING PARTIES
By: Daniel Finerty & Oyvind Wistrom Employers that have endured the Equal Employment Opportunity Commission’s charge process concerning allegations of discrimination, harassment or retaliation know that an effective, persuasive position statement responding to a charge is critical to securing a successful outcome. For years, employers could be assured that the EEOC would not share its […]