Choose whether or not to include highlighting and notes in the print view. Depending on your browser, you may have to change print options to include background colors.
List of Forms by Chapter
Chapter 1 — Introduction
II. [1.2] Why Conduct an Employment Practices Audit?
III. [1.9] Which Areas Need Immediate Audit Focus?
Chapter 2 — Practical and Legal Considerations Prior to Conducting the Audit
Chapter 3 — Hiring Process and Related Issues
II. [3.2] Employment Application
IV. I-9 Forms and Other Employment Documentation
V. [3.11] Interviews
VI. Preemployment Inquiries Under the Americans with Disabilities Act of 1990
VIII. [3.21] Testing as Part of the Hiring Process
IX. [3.28] Background Checks
XII. Immigration and Customs Enforcement
Chapter 4 — Federal Government Contractor Considerations
IV. [4.4] Office of Federal Contract Compliance Programs Updates Required Notices
Chapter 5 — Employment Agreements
II. Basic Material Terms That Govern the Employment Relationship
III. Company’s Rights and Obligations upon Termination
Chapter 6 — Anti-Discrimination and Anti-Harassment (with an Emphasis on Sexual Harassment) Policies and Training
II. [6.2] Sexual Harassment: The Ellerth and Faragher Decisions
III. Punitive Damages for Intentional Discrimination: Kolstad v. American Dental Ass’n
IV. [6.30] Illinois Sexual Harassment Training and Requirements
V. Practical Suggestions
Chapter 7 — Personnel Records and Posting of Notices
II. [7.2] Personnel Record Review Act
III. Documents and Information That Should Not Be Kept in Personnel Files
IV. Documentation and Record Retention
V. Posting of Notices
Chapter 8 — Wage and Hour Issues and Child Labor Laws
II. Fair Labor Standards Act
Chapter 9 — Discipline and Termination Issues
II. [9.2] Discipline and Termination Issues
Chapter 10 — Reductions in Force
II. Alternatives to Reductions in Force
III. Practical Suggestions for Implementing Reductions in Force To Reduce Legal Risks
IV. Law Relating to Discrimination Claims Resulting from Reductions in Force
V. Releases and Waivers
VI. Considerations Under the Worker Adjustment and Retraining Notification Act
Chapter 11 — Compliance with the National Labor Relations Act
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
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
IX. Protected and Unprotected Communications with the Public
XI. [11.29] Employee Committees
XII. Union Organizing
XIII. The Right of an Employee To Have a Representative Present During an Investigatory Interview
XIV. [11.41] Legality of Common Work Rules Under the National Labor Relations Act
XVI. Appendix — Sample Policy Provisions
Chapter 12 — Independent Contractors and Other Nonemployees
II. Nonemployees
III. Independent Contractors
VIII. Appendix
Chapter 13 — The Audit Report and Follow-Up
Chapter 14 — Workers’ Compensation Compliance and Preparedness Audit
III. [14.3] Employment Policies
IV. Accident Procedures
VI. Record Keeping
VIII. [14.19] Auditing Insurance Coverage
IX. [14.25] Claim Resolution and Retaliation
XII. [14.31] Appendix
Chapter 15 — AppendixKevin Borozan is a senior associate at Masuda Funai Eifert & Mitchell, Ltd., in Chicago, and concentrates his practice in employment counseling and litigation. Borozan is a member of the National Employment Lawyers Association and the American and Chicago Bar Associations. He received a double B.A. from Indiana University in Bloomington and his J.D. from Northern Illinois University.
Cary R. Burke is a Partner at Seyfarth Shaw LLP, in Atlanta, and concentrates his practice in labor relations and employment litigation. Burke is a Member of Law360 Editorial Board and has been named a Best Lawyers One to Watch (2021 – 2023) and a Super Lawyer: Rising Star (2019 – 2023).
Paul H. Burmeister is a Shareholder at Davis & Campbell L.L.C. in Chicago, where he concentrates in labor and employment law. He is a member of the National Association of College and University Attorneys and the Chicago Bar Association. Mr. Burmeister received his B.A. and M.A. from the University of Illinois at Urbana-Champaign and his J.D. from the Loyola University Chicago School of Law.
Eric S. Chovanec is a Partner at Thomas Mamer, LLP, in Champaign, and focuses his practice on employment law. Chovanec has been named a Leading Lawyer and is a member of the American and Illinois State Bar Associations. He received his B.S. from the University of Illinois at Urbana-Champaign and his J.D. from DePaul University College of Law.
Joshua L. Ditelberg is a Partner at Seyfarth Shaw LLP in Chicago, where he focuses his practice on labor and employment and transactions. He is a Fellow of the College of Labor and Employment Lawyers and the American Bar Foundation, and he is Vice President and Past President of the Chicago Chapter of the Labor and Employment Relations Association. Mr. Ditelberg received his BA summa cum laude from the University of Pennsylvania, his MA from the University of Pennsylvania, and his JD magna cum laude from the University of Michigan Law School.
Noah A. Frank is Associate General Counsel at Enlivant, in Chicago, where he focuses on employment and labor law, litigation, and compliance. Frank was selected as a Super Lawyers Rising Star every year from 2012 to 2020 until going in-house. He received two B.A. from the University of Illinois at Urbana-Champaign, M.H.R.I.R. from the University of Illinois Institute of Labor & Industrial Relations, and J.D. cum laude from the University of Illinois College of Law.
Peter J. Gillespie is a Partner at Laner Muchin, Ltd., in Chicago, where he focuses his practice on employment law-related issues. He is a member of the editorial board of the SciTech Lawyer. Gillespie received his B.A. from Northwestern University and his J.D. from Georgetown University Law Center.
Bailey G. Green is an associate at Seyfarth Shaw LLP in Atlanta, Georgia, and focuses on labor and employment. Green received her B.A. magna cum laude from Baylor University and her J.D. from William and Mary Law School, where she was a Veterans Benefits Clinic Graduate Research Fellow and in the AmeriCorps Equal Justice Works JD Program.
Jill A. Griffin is a Senior Claims Manager at Enlivant, in Chicago, and focuses on workers’ compensation, disability, and FMLA. Griffin is a member of the Risk Management Society and has received a certification in the Principles of Occupational Safety and Health. Griffin earned an M.S. from Loyola University Chicago and a B.S. from Valparaiso University.
Kathryn M. Hartrick is the Founder and Principal of Hartrick Employment Law, Ltd., with offices in Chicago and Evanston, where she focuses on employment law investigation, coaching, training, and consulting. Ms. Hartrick is a Fellow of the College of Labor and Employment Lawyers, Chair of the North Shore Labor Counsel, and a member and faculty of the Association of Workplace Investigators. She received her B.B.A. from the University of Michigan Ross School of Business and her J.D. from Case Western Reserve University School of Law.
Michael F. Hughes is a Partner at Amundsen Davis LLC, in St. Charles, where he concentrates on labor and employment. Hughes is a member of the Illinois State Bar Association. He received his J.D. from IIT/Chicago-Kent College of Law.
David E. Krchak is Of Counsel at Thomas Mamer, LLP, in Champaign, where he concentrates his practice in labor and employment law and civil rights defense. Krchak is Past Chair of the Labor and Employment Law Section Council of the Illinois State Bar Association. He is also a member of the Defense Research Institute and a contributor to the Illinois Bar Journal. 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 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. 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. Kuenstler also conducts management training seminars on issues of discrimination, harassment, and retaliation. Kuenstler received his B.A. from the University of Illinois and his J.D. from Washington University St. Louis School of Law.
Poonam K. Lakhani is a Partner at The Prinz Law Firm, P.C., in Chicago, and focuses her practice on employment and business law. Lakhani received the Northern District of Illinois’ 2023 Excellence in Pro Bono and Public Interest Service Award. She is a member of the South Asian and DuPage County Bar Associations. Lakhani earned her B.A. from the University of Illinois Urbana-Champaign and her J.D. from DePaul University College of Law.
Philip J. Pence is an associate at Thomas Mamer, LLP, in Champaign, and focuses his practice in employment law and litigation. Pence is an incoming Member of Illinois State Bar Association Labor and Employment Section Council. He received his J.D. cum laude from the University of Illinois College of Law and his BA. with high distinction from the University of Illinois Urbana-Champaign.
Jeffrey A. Risch is a Partner at Amundsen Davis LLC, in Chicago, where he focuses his practice on management-side labor and employment law. He is a Board Member of the Illinois Chamber of Commerce, and he serves as Chair of its Employment Litigation Committee. Risch is Chapter Labor Counsel and Board Member for the Associated Builders and Contractors of Illinois, and he is also recognized as a 2023 Honoree of Crain’s Chicago Business Notable Leaders in Employment and Labor Law. Rischreceived his J.D., with highest honors, from University of Tulsa College of Law and his B.S. from Illinois State University.
Nancy E. Sasamoto is a Principal at Masuda Funai Eifert & Mitchell, Ltd., in Chicago, where she concentrates her practice in employment counseling and litigation. Sasamoto has been chosen as an Illinois Super Lawyer. She is a board member of the Asian American Bar Association of the Greater Chicago Area Law Foundation and a member of the American Bar Association. Sasamoto received her B.S. from the University of Illinois and her J.D. from Washington University School of Law.
Charity Seaborn is an associate at Barnes & Thornburg LLP, in the firm’s Chicago office. Seaborn defends employers in a wide variety of employee disputes, grievances, administrative charges, and litigations alleging wrongful discharge, discrimination, and harassment. She also conducts workplace investigations and develops employer trainings on human resources compliance topics. Prior to joining Barnes & Thornburg, Seaborn served as a director of human resources and Title IX coordinator for a private university. She received her B.A. from University of California, Santa Barbara, her M.S. from Indiana University, Bloomington, and her J.D. from University of Illinois, Chicago School of Law.
An IICLE® Online Library subscription is required to view this content. For more information or to subscribe, click here.
Free monthly e-updates in 15 practice areas