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Chapter 1 — Introduction - I. [1.1] What Is a Human Resource Audit and Why Have an Employment Practices Audit Book?
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II. [1.2] Why Conduct an Employment Practices Audit? - [1.3] To Ensure Compliance with Complex and Ever-Changing Employment Laws
- [1.4] To Take Proactive Measures To Minimize the Risk of Litigation
- [1.5] To Place the Company in the Best Possible Light if It Is Sued
- [1.6] To Maintain a Sense of the Company’s Day-to-Day Employment Practices
- [1.7] To Improve Business Operations and Employee Morale
- [1.8] To Keep the Company on the “Cutting Edge” of Human Resource Administration
- III. [1.9] Which Three Areas Need Immediate Audit Focus?
- Chapter 2 — Practical and Legal Considerations Prior to Conducting the Audit
- Chapter 3 — Hiring Process and Related Issues
- I. [3.1] Introduction
- II. [3.2] The Employment Application
- III. [3.8] Recruiting — Advertising for Potential New Hires
- IV. I-9 Forms and Other Employment Documentation
- V. [3.11] Interviews
- VI. Preemployment Inquiries Under the Americans with Disabilities Act
- [3.14] Regarding Applicant’s Medical Condition
- [3.15] General “Dos and Don’ts” Regarding Preemployment Inquiries Under the ADA
- Preemployment Medical Examinations
- [3.16] Determining Whether a Test Is a “Medical Examination”
- [3.17] Requirements for Lawfully Administering Preemployment Medical Examination
- [3.18] “Direct Threat” Analysis of Applicant Medical Conditions
- [3.19] Reasonable Accommodation in the Hiring Process
- VII. [3.20] General Guidance Regarding Other Problematic Preemployment Inquiries — Chart
- VIII. [3.21] Testing as Part of Hiring Process
- IX. [3.28] Background Checks
- [3.29] Negligent Hiring Under Illinois Law
- References
- [3.30] Limited Protection for Statements Made to Prospective Employers
- [3.31] Release To Obtain Information Regarding Prior Job Performance
- [3.32] Illinois Personnel Record Review Act
- [3.33] Policy for Checking References and Responding to Reference Checks
- [3.34] Fair Credit Reporting Act
- [3.35] Adverse Action Notice Requirements
- [3.36] Adverse Actions Based on Investigative Consumer Reports
- [3.37] Criminal Background Checks
- X. [3.38] Offers and Rejections of Employment
- XI. [3.39] Illinois Directory of New Hires
- Chapter 4 — Affirmative Action and Drug-Free Workplaces: Federal Government Contractor Considerations
- I. [4.1] Introduction
- II. [4.2] Executive Order No. 11,246: Federal Nondiscrimination and Affirmative Action Law
- [4.3] EEO-1
- [4.4] Bidders
- [4.5] Affirmative Action Plan
- Record Retention
- [4.6] General Requirements
- [4.7] Affirmative Action Plan
- [4.8] Equal Opportunity Survey
- [4.9] Additional Requirements
- [4.10] Inclusion of Clauses
- [4.11] Informing of Obligations
- [4.12] Posting of Notice
- [4.13] Requirements Specific to EO 11,246
- [4.14] Requirements Specific to EO 13,496
- [4.15] Enforcement
- Compliance Reviews
- [4.16] In General
- [4.17] Compliance Reviews and American Recovery and Reinvestment Act of 2009 Funding Recipients
- Wage Discrimination
- [4.18] In General
- [4.19] Systemic Discrimination Compensation Analysis
- [4.20] Employer Self-Evaluation Techniques
- [4.21] Recent and Future Developments
- [4.22] Sanctions and Remedies
- [4.23] Other Affirmative Action Obligations
- [4.24] Other Statutes Enforced by the OFCCP
- [4.25] The Vietnam Era Veterans’ Readjustment Assistance Act of 1972
- [4.26] Rehabilitation Act
- [4.27] Glass Ceiling Act
- The Desk Audit
- [4.28] Basic Guidelines
- [4.29] AAP Contents
- [4.30] Review of AAP for Reasonableness
- [4.31] Workforce Analysis
- [4.32] Information by job title
- [4.33] Wage rate
- [4.34] Organizational unit
- [4.35] Lines of progression
- [4.36] Job Groups
- Availability Analysis
- [4.37] Standard for acceptability
- [4.38] Comparing incumbency to availability
- [4.39] Placement Goals
- Additional Required Elements of AAP
- [4.40] Designation of responsibility
- [4.41] Action-oriented programs
- [4.42] Internal audit and reporting system
- [4.43] Job groups with goals
- [4.44] Placements into job groups with goals
- [4.45] Personnel activity data
- [4.46] Underrepresentation and concentration
- [4.47] Impact ratio analyses
- [4.48] Compensation analyses
- [4.49] EEO trend analysis
- [4.50] Organization of contractor’s workforce and review of support data on personnel practices
- [4.51] The Glass Ceiling Review Process
- [4.52] Selection Information To Be Maintained
- [4.53] EO 11,246 Checklist
- III. Drug-Free Workplace Requirements
- Chapter 5 — Employment Agreements
- I. [5.1] Introduction
- II. Basic Material Terms That Govern the Employment Relationship
- [5.2] Checklist of Material Terms
- [5.3] Employee Has No Conflicting Agreements
- [5.4] Definition of Terms
- [5.5] Term of Agreement and Renewal Provisions
- [5.6] Employee’s Duties, Responsibilities, and Performance Standards
- [5.7] The Compensation Package
- [5.8] Termination of Employment
- [5.9] Mandatory Arbitration
- III. The Company’s Rights and Obligations upon Termination
- [5.10] Checklist of Rights and Obligations upon Termination
- [5.11] Severance Pay and Earned Compensation
- [5.12] Restrictive Covenants
- [5.13] Noncompete
- [5.14] Confidential Information
- [5.15] Near-Permanent Customer Relationships
- [5.16] Reasonableness
- [5.17] Confidential Information
- [5.18] Return of Company Property
- [5.19] Inventions
- [5.20] Nonsolicitation of Customers
- [5.21] Nonsolicitation of Employees
- [5.22] Rights and Remedies upon Breach
- IV. [5.23] Boilerplate Provisions
- V. [5.24] Employment Agreement
- Chapter 6 — Employee Handbooks
- I. [6.1] Introduction
- II. [6.2] What Is an Employee Handbook?
- III. [6.3] What Are the Reasons for Utilizing an Employee Handbook?
- IV. [6.4] What Kind of Information Is Contained in an Employee Handbook?
- V. [6.5] What Policies Should an Employer Include in an Employee Handbook?
- [6.6] Statement of Handbook’s Purpose; Employment at Will
- [6.7] Equal Employment Opportunity Policy and Internal Complaint Procedure
- [6.8] Statement Prohibiting Discrimination
- [6.9] Statement Prohibiting Sexual and Discriminatory Harassment
- [6.10] Statement Prohibiting Retaliation
- [6.11] Statement Regarding Reasonable Accommodation
- [6.12] Internal Complaint Procedure
- [6.13] Family and Medical Leave Act Policy
- [6.14] Policy Regarding Vacation, Holidays, Sick Leave, and Other Paid Time Off
- [6.15] Vacation
- [6.16] Holidays
- [6.17] Sick Days
- [6.18] Jury Duty/Bereavement Leave/Personal Days
- [6.19] Paid Time Off Policy
- [6.20] Attendance
- [6.21] Hours of Work
- [6.22] Guidelines for Conduct
- [6.23] Workplace Violence
- [6.24] Nonsolicitation/Distribution
- [6.25] Workplace Technology
- VI. [6.26] What Additional Policies May an Employer Wish To Include in an Employee Handbook?
- [6.27] Confidentiality
- [6.28] Business Ethics/Conflicts of Interest
- [6.29] Outside Employment
- [6.30] Social Media
- [6.31] Drug and Alcohol Use
- [6.32] Employment Categories
- [6.33] Overtime/Timekeeping
- [6.34] Paydays
- [6.35] Benefits
- [6.36] New Employee Orientation Period
- [6.37] Dress Code and Personal Appearance
- [6.38] Open Door
- [6.39] Grievance or Complaint Resolution
- [6.40] Victims of Domestic Violence
- [6.41] Military Leave
- [6.42] Arbitration/Mediation
- [6.43] References
- [6.44] Resignations
- [6.45] Return of Company Property
- [6.46] Criminal Activities/Searches
- [6.47] Personal Information Changes
- [6.48] Expense Reimbursements
- VII. [6.49] Who Should Receive the Employee Handbook?
- VIII. [6.50] How Should the Employee Handbook Be Distributed?
- IX. [6.51] Should the Employer Get a Signed Acknowledgment of Receipt from Each Employee?
- Chapter 7 — Antidiscrimination and Antiarassment Policies and Training
- I. [7.1] Introduction
- II. [7.2] Sexual Harassment: The Ellerth and Faragher Decisions
- [7.3] Supervisor or Manager Harassment
- [7.4] Ellerth/Faragher Road Map
- [7.5] Who Is a Supervisor?
- What Is a Tangible Employment Action?
- [7.6] Supreme Court Definition
- [7.7] Other Definitions of Tangible Employment Action
- [7.8] Tangible Employment Action Must Be Taken “Because of” the Harassment
- What Is Reasonable Care To Prevent Harassment?
- [7.9] Generally
- [7.10] Additional Guidance for Small Employers
- Employer Should Have a Written Policy
- [7.11] Policies Found Adequate
- [7.12] Policies Found Inadequate
- [7.13] Employer Should Disseminate the Policy to Employees
- [7.14] Employer Must Respond to Previous Harassment
- [7.15] No Reasonable Care if Rumors Are Ignored
- What Is Reasonable Care To Correct Harassment?
- [7.16] Generally
- [7.17] Adequate Corrective Action
- [7.18] Inadequate Corrective Action
- III. Punitive Damages for Intentional Discrimination: Kolstad v. American Dental Association
- [7.19] Supreme Court’s Decision
- What Type of Action Satisfies the Good-Faith Defense?
- [7.20] Written Policy Is Not Enough
- Written Policy and Training as Good-Faith Efforts
- [7.21] Employees Must Be Educated in the Requirements and Prohibitions of Employment Laws
- Training Must Be On-Going
- [7.22] Punitive damages training audit
- [7.23] “Active mechanism for renewing awareness” of policies
- Good-Faith Efforts Include Implementation and Enforcement of Policies
- [7.24] Generally
- [7.25] Employer Cannot Ignore Actual Complaints or Rumors
- [7.26] Complaints and Reports of Harassment or Discrimination Must Be Taken Seriously
- [7.27] Employer Must Impartially Investigate Complaints and Reports of Discrimination or Harassment
- [7.28] Corrective Action
- [7.29] Mistake
- IV. Practical Suggestions
- V. [7.33] Conclusion
- Chapter 8 — Personnel Records and Posting of Notices
- I. [8.1] Introduction
- II. [8.2] The Personnel Record Review Act
- [8.3] Coverage of the Act
- [8.4] “Personnel Records” Defined
- [8.5] Conditions of Inspection
- [8.6] Exceptions to the Right of Inspection
- [8.7] Administration and Enforcement of the Act
- [8.8] Filing a Complaint with the Illinois Department of Labor
- [8.9] Commencing a Civil Action Against the Employer
- Consequences and Penalties for Failure To Comply with the Act
- [8.10] Statutory Penalties
- [8.11] Other Consequences
- [8.12] Third-Party Requests for Personnel Records
- [8.13] Suggestions for Compliance with the Act
- [8.14] Q&A Concerning the Personnel Record Review Act
- [8.15] Sample Personnel Record Review Policy
- III. Documents and Information That Should Not Be Kept in Personnel Files
- [8.16] Medical Records or Records Containing Medical Information
- [8.17] Information That May Subject the Employer to a Possible Charge or Claim of Unlawful Discrimination
- [8.18] Documents Concerning Employment-Related Lawsuits or Charges
- [8.19] Sexual Harassment Investigation Documentation
- [8.20] Grievances/Complaints
- [8.21] DCFS Investigation Records
- [8.22] Records Concerning an Employee’s Associations, Political Activities, Publications, Communications, or Nonemployment Activities
- IV. Documentation and Record Retention
- Documentation
- [8.23] When and Why To Document
- [8.24] How To Support and Defend Decisions To Discipline or Terminate
- [8.25] Incidents Journal
- [8.26] Counseling or Coaching Sessions with the Employee
- [8.27] Performance Evaluations
- [8.28] General Documentation Tips Applicable to All Situations
- Record Retention Requirements
- [8.29] Federal Employment Law Record Retention Requirement Charts
- [8.30] Sample Record Retention Policy for Employers Who Use Independent Contractors
- [8.31] Record Retention Tips Applicable to All Employers
- V. Posting of Notices
- [8.32] Required Federal Notices
- Required Illinois Notices
- [8.33] Your Rights Under Illinois Employment Laws
- [8.34] Employee Classification Act of 2008
- [8.35] Safety Inspection and Education Act and Health and Safety Act
- [8.36] Day and Temporary Labor Services Act
- [8.37] Workers’ Compensation Notice Poster
- [8.38] Unemployment Insurance Poster
- [8.39] Emergency Care for Choking Poster
- [8.40] Smoke Free Illinois Act
- Chapter 9 — Wage and Hour Issues and Child Labor Laws
- I. [9.1] Introduction
- II. Fair Labor Standards Act
- [9.2] In General
- [9.3] Retaliation Prohibited
- [9.4] Exempt/Nonexempt Classifications
- [9.5] Salary Test
- [9.6] Duties Test
- [9.7] Executive Employees
- [9.8] Administrative Employees
- [9.9] Professional Employees
- [9.10] Outside Sales Employees
- [9.11] Computer Employees
- [9.12] Highly Compensated Employees
- [9.13] Concurrent Duties
- [9.14] Implementation
- [9.15] Paid Time
- [9.16] Waiting Time
- [9.17] Sleep Time
- [9.18] Lectures and Training Programs
- [9.19] Travel Time
- [9.20] Regular Rate of Pay
- [9.21] Compensatory Time
- III. [9.22] Minimum Wage
- IV. [9.23] Equal Pay
- V. [9.24] Child Labor
- VI. [9.25] Illinois Wage Payment and Collection Act
- VII. [9.26] Revised Federal Hours-of-Service Regulations
- Chapter 10 — Discipline and Termination Issues
- I. [10.1] Introduction
- II. [10.2] Discipline and Termination Issues
- [10.3] Performance Evaluations and Performance Documentation
- [10.4] Inflated Reviews
- [10.5] Documentation
- [10.6] Signatures
- [10.7] Evaluation Training
- Discipline
- [10.8] Performance and Performance Improvement Policies
- [10.9] Progressive Discipline
- [10.10] Documentation of Discipline
- [10.11] Suggestions To Avoid the Appearance of Discrimination when Disciplining Employees
- [10.12] Termination
- [10.13] Pretermination Considerations
- [10.14] Liability Checklist
- [10.15] The Termination Meeting
- [10.16] Who Should Be Present for the Meeting?
- [10.17] Employee’s Right To Have a Representative Present
- [10.18] The Exit Interview
- [10.19] Post-Termination Considerations
- [10.20] The Consolidated Omnibus Budget Reconciliation Act
- [10.21] Unemployment Compensation
- [10.22] References
- [10.23] Access to Personnel File
- [10.24] Return of Property
- [10.25] Final Paycheck
- [10.26] Confidentiality/Noncompete Agreements
- [10.27] Severance Pay
- Chapter 11 — Reductions in Force
- I. [11.1] Introduction
- II. Alternatives to Reductions in Force
- [11.2] Alternative Means of Cutting Labor Costs Without Cutting Numbers
- Early Retirement Incentive Plans
- [11.3] In General
- [11.4] OWBPA “Safe Harbor” Provision for ERIPs
- [11.5] Designing the ERIP
- Setting ERIP Eligibility Parameters
- [11.6] Setting a minimum age for eligibility is permissible
- [11.7] Setting a maximum age for eligibility is impermissible
- [11.8] Using years of service as requirement for participation is permissible
- [11.9] Offering the ERIP to only a particular group or subset of employees is permissible
- [11.10] Determining the ERIP Exit Incentive — What Benefits Should the Employer Offer, and What Benefits Are Acceptable Under the ADEA?
- [11.11] Identical benefits or incentives for all eligible employees that are not tied to age are acceptable
- [11.12] Declining benefits are unacceptable
- [11.13] Exceptions to the requirement that ERIP incentives must be equal for all eligible employees regardless of age
- [11.14] “Equal cost or equal benefit” defense
- [11.15] “Subsidized portion” offset
- [11.16] Social security supplements
- [11.17] Plans offered to tenured faculty members
- [11.18] Exemption for plans that coordinate retiree healthcare benefits with Medicare or other state-sponsored health benefit plans
- [11.19] Examples of ERIP incentives that satisfy the ADEA and OWBPA requirements
- [11.20] Voluntariness of the Program
- Circumstances Surrounding the Offer
- [11.21] Period of time allowed for consideration
- [11.22] Whether employer suggested a consultation with an attorney
- [11.23] Whether the employee had an opportunity to negotiate the terms of the ERIP
- [11.24] Information Provided to the Employee
- [11.25] Examples of Approved Early Retirement Incentive Plans
- [11.26] Examples of Unlawful Early Retirement Incentive Plans
- [11.27] Practical Suggestions for Implementing an Early Retirement Incentive Plan
- [11.28] Voluntary Separation Programs
- [11.29] Advantages
- [11.30] Disadvantages
- [11.31] How To Implement a VSP
- [11.32] Determine Eligibility Criteria
- [11.33] Determine What Will Be the Incentive or Severance
- [11.34] Determine the Window Period
- [11.35] Ensure Voluntariness
- III. Practical Suggestions for Implementing RIFs To Reduce Legal Risks
- Establish the Reasons for the RIF and Goals Consistent with Those Reasons
- [11.36] Document the Business Reasons for the RIF
- [11.37] Set RIF Goals So That They Comport with the Articulated Reasons for Implementing the RIF
- Initial Planning for the RIF
- [11.38] Determine the Scope and the Timing of the RIF
- [11.39] Determine What the Post-RIF Workforce Will Look Like
- [11.40] Compile Information Regarding the Company’s Demographics
- [11.41] Establish a Transition Review Team
- [11.42] Union Considerations
- [11.43] Examine Contractual Commitments Other than Collective Bargaining Agreements
- [11.44] Review Personnel Policies
- [11.45] Consider Withdrawing Outstanding Offers and Implementing a Hiring Freeze
- [11.46] WARN Act Considerations
- [11.47] Determine What Severance Benefits Will Be Offered to Terminating Employees in Exchange for a Waiver/Release of Claims
- Develop the RIF Selection Process
- [11.48] Establish Criteria To Be Used for Making the Decisions
- [11.49] Prohibited Selection Criteria
- [11.50] Decide Whether To Follow a Formal or an Informal Procedure
- [11.51] Outline the Selection Criteria To Be Used by the Decision Makers
- [11.52] Select the Decision Makers
- [11.53] Train the Decision Makers
- Implement the Decision-Making Process/Procedure
- [11.54] Develop the Candidate Pool
- [11.55] Make Preliminary Decisions
- [11.56] Vet the Preliminary Decisions
- [11.57] Adjust Decisions if Necessary
- [11.58] Finalize Decisions
- [11.59] Communicating the Termination Decisions to Employees
- [11.60] Problems Associated with Hiring New Employees after a RIF
- IV. Law Relating to Discrimination Claims Resulting from RIFs
- V. Releases and Waivers
- [11.64] In General
- [11.65] Elements of a Valid Release
- [11.66] Additional Minimum Requirements for a Knowing and Voluntary Release of Age Discrimination Claims as Set Forth in the OWBPA
- [11.67] OWBPA Requirements for a Release of Age Claims as Part of an “Exit Incentive or Other Employment Termination Program Offered to a Group or Class of Employees”
- [11.68] 45 Days To Consider the Release
- [11.69] Statistical Information Regarding Termination Program
- [11.70] Statistical Information When Employer Conducts Successive RIFs
- [11.71] Requirements of the OWBPA Strictly Construed by the Supreme Court
- [11.72] Effect of Release on Employee’s Ability To Pursue EEOC Charges
- [11.73] Other Suggested Provisions for Releases
- VI. Considerations Under the Worker Adjustment and Retraining Notification Act
- [11.74] In General — Comparison Chart
- [11.75] Definitions of “Plant Closing” and “Mass Layoff”
- [11.76] Single Site of Employment
- [11.77] Facility or Operating Unit
- [11.78] Employment Loss
- [11.79] Termination of Employment
- [11.80] Layoff of More than Six Months
- [11.81] Reduction in Hours
- [11.82] Elimination of Employment Loss
- [11.83] Aggregation of Terminated Employees for WARN Act Purposes
- WARN Notice Requirements
- [11.84] To Whom Notice Must Be Given
- [11.85] Contents of the WARN Notice
- [11.86] Notices to Affected Employees
- [11.87] Notices to Bargaining Unit Representatives
- [11.88] Notices to Government Officials
- [11.89] Other Notice Issues
- [11.90] Timing of the WARN Notice
- [11.91] Liability and Penalties
- [11.92] Exceptions to WARN Act’s 60-Day Notice Period
- [11.93] Analytical Steps to Complying with the WARN Act
- Chapter 12 — Compliance with the NLRA
- I. [12.1] Introduction
- II. The Coverage of the National Labor Relations Act
- III. The Jurisdiction of the National Labor Relations Board
- IV. Employee Activities Protected by the National Labor Relations Act
- [12.9] Section 7 of the NLRA: Protected Concerted Activity
- [12.10] Violations of §8(a)(1) of the NLRA: Interference with Protected Concerted Activity
- [12.11] Protesting a Poor Manager
- [12.12] Complaints to a Customer or Client
- [12.13] Actions Regarding Work Hours, Wages, Terms of Pay, and Other Work Conditions
- [12.14] Unprotected Activities
- V. The National Labor Relations Act’s Prohibition Against Antiunion Discrimination
- VI. Employee Solicitation and Distribution Rules
- VII. Employee Use of E-Mail and the Internet
- VIII. [12.24] Union Access to Employer Property
- IX. Protected and Unprotected Communications with the Public
- X. [12.27] Employment of Union Organizers (Union “Salting”)
- XI. [12.28] Employee Committees
- XII. Union Organizing
- [12.31] Common Reasons for Employees To Be Interested in a Union
- [12.32] The Representation Election Process in a Nutshell
- [12.33] Dos and Don’ts in a Union Campaign
- [12.34] What Management Cannot Say or Do During a Union Campaign
- [12.35] What Management Can Say and Do During a Union Campaign
- [12.36] Strategies for a Successful Employer Response to Union Activity
- [12.37] Other Legal Principles Applicable to Union Organizing
- XIII. The Right of an Employee To Have a Representative Present During an Investigatory Interview
- XIV. [12.40] Legality of Common Work Rules Under the National Labor Relations Act
- [12.41] Cooperation
- [12.42] Confidentiality
- [12.43] Reporting Union Activity
- [12.44] Off-the-Premises Conduct
- [12.45] Solicitation and Distribution
- [12.46] Off-Duty Employees on the Premises
- [12.47] “Chain of Command”/Grievance Rules
- [12.48] Negative Conversations and Press Statements
- [12.49] E-Mail Usage
- [12.50] Union-Free Statement
- XV. [12.51] Conclusion
- XVI. Appendix — Sample Policy Provisions
- Chapter 13 — Independent Contractors and Other Nonemployees
- I. [13.1] Introduction
- II. Nonemployees
- III. Independent Contractors
- Federal and State Employment Discrimination Laws
- [13.5] Federal Law
- State and Local Law
- [13.6] Illinois Human Rights Act
- [13.7] Cook County Human Rights Ordinance
- [13.8] Chicago Human Rights Ordinance
- Wage and Hour Laws
- [13.9] Federal Law
- [13.10] State Law
- [13.11] Internal Revenue Code
- [13.12] Workers’ Compensation
- [13.13] Unemployment Insurance
- [13.14] Wage Payment and Collection Act
- [13.15] National Labor Relations Act
- IV. [13.16] Volunteers
- V. [13.17] Partners, Shareholders, Officers, and Directors
- VI. [13.18] Independent Contractor Agreements
- VII. [13.19] Volunteer Agreements
- VIII. Appendix
- Chapter 14 — The Audit Report and Follow-Up
- Chapter 15 — Appendix
- List of Forms
- Table of Cases
- Index
- Nineveh Alkhas
Nineveh Alkhas
No bio available.
- Julie Badel
Julie Badel
No bio available.
- James S. Barber
James S. Barber
No bio available.
- Robert T. Bernstein
Robert T. Bernstein
No bio available.
- Tracy M. Billows
Tracy M. Billows
Tracy M. Billows is a Partner with Seyfarth Shaw LLP, in Chicago, where she concentrates her practice in representing and counseling employers in a variety of areas of labor and employment law. Ms. Billows is a member of the American and Chicago Bar Associations, the Society for Human Resource Management, and the Human Resource Management Association of Chicago. She received her B.A. from DePaul University, her M.S. from Loyola University, and her J.D. with honors from Chicago-Kent College of Law.
- Daniel R. Bryer
Daniel R. Bryer
Daniel R. Bryer is counsel for Allstate Insurance Company, in Northbrook. Mr. Bryer received his B.A. from Indiana University, his J.D. magna cum laude from The John Marshall Law School, and his LL.M. degree in Business Law from Loyola University Chicago School of Law.
- Paul H. Burmeister
Paul H. Burmeister
Paul H. Burmeister is Shareholder of Davis & Campbell L.L.C. in Chicago, where he focuses on employment and labor law. He is a member of the National Association of College and University Attorneys. Mr. Burmeister received his B.A. and M.A. in labor and industrial relations from the University of Illinois and his J.D. from Loyola University Chicago School of Law.
- Sarah Wilhite Cudahy
Sarah Wilhite Cudahy
No bio available.
- Frank J. Del Barto
Frank J. Del Barto
No bio available.
- Joshua L. Ditelberg
Joshua L. Ditelberg
Joshua L. Ditelberg is a Partner at Seyfarth Shaw LLP in Chicago, where he maintains a broad-based labor and employment practice. His practice includes a particular focus on labor relations and the employment-related aspects of corporate transactions and business restructuring. He is a Fellow of the College of Labor and Employment Lawyers and the American Bar Foundation, and he is a former Adjunct Professor of Law at the University of Illinois Chicago College of Law. Mr. Ditelberg received his B.A. summa cum laude from the University of Pennsylvania, his M.A. with honors from the University of Pennsylvania, and his J.D. magna cum laude from the University of Michigan Law School, Order of the Coif.
- Michelle K. Garcia
Michelle K. Garcia
No bio available.
- James G. Gillingham
James G. Gillingham
No bio available.
- Julie L. Gottshall
Julie L. Gottshall
No bio available.
- Jane S. Hahn
Jane S. Hahn
No bio available.
- Michael F. Hughes
Michael F. Hughes
Michael F. Hughes is a Partner at SmithAmundsen LLC, in St. Charles, where he concentrates his practice in employment law. Mr. Hughes is a member of the Illinois State Bar Association and on the Board of Directors for the Fox Valley Associated General Contractors. He is a contributing author on SmithAmundsen’s The Labor & Employment Law Update blog. Mr. Hughes earned his B.S from the Illinois Institute of Technology and J.D. with high honors from IIT/Chicago-Kent College of Law.
- Kaitlyn N. Jakubowski
Kaitlyn N. Jakubowski
Kaitlyn N. Jakubowski is an associate in the Chicago office of Barnes & Thornburg LLP and a member of the firm’s Healthcare Department, Labor & Employment Law Department, and BT VentureTech Group. She is an Advisory Board Member of the Children’s Hospital of the University of Illinois and a Leadership Advisory Board Member of Cristo Rey Jesuit High School. Ms. Jakubowski earned her B.A. from Northwestern University and her J.D. from the University of Notre Dame Law School, where she received the BNA and ABA Award for Excellence in the Study of Labor and Employment Law and served as Executive Articles Editor for the Journal of Legislation.
- Matthew P. Kellam
Matthew P. Kellam
No bio available.
- David E. Krchak
David E. Krchak
David E. Krchak is a Partner at Thomas Mamer, LLP, in Champaign, where he concentrates his practice in labor and employment law and civil rights defense. Mr. Krchak is Chair of the Labor and Employment Law Section Council of the Illinois State Bar Association. He is also on the Board of Directors of the Champaign County Chamber of Commerce and Past President of the Board of the Eastern Illinois Foodbank. Mr. Krchak received his B.A. with high honors from the University of Illinois and his J.D. from the University of Illinois College of Law. He was also an Urban Mass Transportation Fellow at Northwestern University.
- John F. Kuenstler
John F. Kuenstler
John F. Kuenstler is a Partner in Barnes & Thornburg LLP, in the firm’s Chicago and Los Angeles offices, where he concentrates his practice in the defense of employers in labor and employment litigation and litigation avoidance counseling. He appears before federal and state courts and agencies across the nation, defending his clients against claims of employment discrimination. Mr. Kuenstler has experience litigating and managing class actions and other complex litigation as well as obtaining favorable resolutions of high-profile litigation. He has obtained numerous summary judgment rulings for his clients on claims for alleged sexual harassment and age, race, and disability discrimination. Mr. Kuenstler also conducts management training seminars on issues of discrimination, harassment, and retaliation. Mr. Kuenstler received his B.A. from the University of Illinois and his J.D. from Washington University St. Louis School of Law.
- Michael R. Lied
Michael R. Lied
Michael R. Lied is an attorney with Howard & Howard Attorneys, PLLC, in Peoria, where he focuses his practice on labor and employment law and immigration law, representing employers. Mr. Lied is a Member of the State Bar of Michigan, the American Immigration Lawyers Association, the Federal Bar Association, the American Bar Association and its sections of Litigation and Labor and Employment Law, and the Illinois State Bar Association and it section on Labor and Employment Law. He is a member of the Leading Lawyers network and has been selected as an Illinois Super Lawyer (2007 – 2020). Mr. Lied received his B.S. and M.A. from the University of Illinois Urbana-Champaign and his J.D. from the University of Michigan.
- Noah G. Lipschultz
Noah G. Lipschultz
No bio available.
- Richard P. McArdle
Richard P. McArdle
Richard P. McArdle is a Partner in Seyfarth Shaw LLP’s Labor and Employment Practice Group, in Chicago, where he represents employers in the entire range of employment law matters. Mr. McArdle is a member of the American Bar Association’s Equal Employment Opportunity Committee. Mr. McArdle received his B.A. cum laude from Cleveland State University, M.B.A. from Case Western Reserve University — Weatherhead School of Management, and J.D. from Case Western Reserve University School of Law.
- Marco A. Moreno
Marco A. Moreno
Marco A. Moreno is a Partner at Moreno & Villarrubia LLP and the Indiana Regional Center, in Indianapolis, Indiana, where he concentrates his practice in immigration law. Mr. Moreno is a Member of the American Immigration Lawyers Association, a presenter on I-9 inspections for the Indiana Manufacturer’s Association, and a panel speaker at the EB-5 Industry Forum. He represents the Mexican Consulate in Indianapolis as appointed by the Mexican Secretary of Foreign Relations and is a recipient of the Stanley K. Lacy Executive Leadership Service Class XXXIII by the Greater Indianapolis Chamber of Commerce. Mr. Moreno has been named to the Forty under 40 list by the Indianapolis Business Journal and has been selected as a Rising Star by Indiana Super Lawyers. He received his J.D. from Indiana University School of Law.
- Jill P. O'Brien
Jill P. O'Brien
No bio available.
- Jeffrey A. Risch
Jeffrey A. Risch
Jeffrey A. Risch is a Partner at SmithAmundsen LLC, in Chicago, where he focuses his practice on management-side labor and employment issues. Mr. Risch is Chair of the Employment Law Council and Chair and Board Member of the Employment Law & Litigation Committee of the Illinois Chamber of Commerce. He is the Chapter Labor Attorney and a National Advisory Board Member of the Associated Builders & Contractors of Illinois. He also serves as Labor Counsel to the Northern Illinois Building Contractors Association as well as to the Finishing Contractors Association of Illinois. He has been selected to the Illinois Super Lawyers list every year from 2013 to 2020 and recognized in Best Lawyers from 2015 to 2020. Mr. Risch received his B.S. from Illinois State University and his J.D. with highest honors from the University of Tulsa College of Law.
- Jeffrey L. Rudd
Jeffrey L. Rudd
No bio available.
- Morgan M. Ruey
Morgan M. Ruey
No bio available.
- Jill Russell
Jill Russell
No bio available.
- Nancy E. Sasamoto
Nancy E. Sasamoto
Nancy E. Sasamoto is a Principal at Masuda, Funai, Eifert & Mitchell, Ltd., in Chicago, where she concentrates her practice in employment law. Ms. Sasamoto is a member of the American, Illinois State, and Asian American Bar Associations as well as the Litigation Counsel of America. Ms. Sasamoto received her B.S. from the University of Illinois and her J.D. from Washington University School of Law.
- Samuel J. Schumer
Samuel J. Schumer
No bio available.
- Mark J. Sobczak
Mark J. Sobczak
Mark J. Sobczak is a Partner at Nicolaides Fink Thorpe Michaelides Sullivan LLP, in Chicago, and focuses his practice on appeals. Mr. Sobczak received his B.A. from Illinois State University and his J.D. magna cum laude from Northern Illinois University College of Law.
- Norma W. Zeitler
Norma W. Zeitler
Norma W. Zeitler is a Partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Labor and Employment Law Department. She has extensive experience in litigating all forms of disputes that arise out of the employment relationship and advising clients on all aspects of litigation avoidance. As a former Army intelligence officer, Ms. Zeitler uses the skills she learned in the military to assess (and overcome) vulnerabilities in the defense of cases. In fact, in her many years of litigation, of the cases she has managed, summary judgment has been denied only once. She is the Commissioner of the Western Springs Park District and has been named an Illinois Super Lawyer. While in the Army, Ms. Zeitler received the Southwest Asia Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, and the Army Commendation Medal. Ms. Zeitler received her M.S. in Strategic Intelligence from the Defense Intelligence College and her J.D. cum laude from Loyola University School of Law, where she was Editor-in-Chief of the law review.
Conducting the Employment Practices Audit (ARCHIVED 2010 EDITION & 2013 SUPPLEMENT)
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