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List of Forms by Chapter - Chapter 1 — Introduction
- I. [1.1] What Is a Human Resource Audit and Why Have an Employment Practices Audit Handbook?
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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 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] 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 of 1990
- [3.14] Regarding Applicant’s Medical Condition
- [3.15] General “Dos and Don’ts” Regarding Preemployment Inquiries Under the Americans with Disabilities Act of 1990
- Preemployment Medical Examinations
- [3.16] Determining Whether a Test Is a “Medical Examination”
- [3.17] Requirements for Lawfully Administering Preemployment Medical Examinations
- [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 the 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] Illinois Employee Credit Privacy Act
- [3.38] Criminal Background Checks
- [3.39] Illinois Employee Background Fairness Act
- X. [3.40] Offers and Rejections of Employment
- XI. [3.41] Illinois Directory of New Hires
- XII. Immigration and Customs Enforcement
- Chapter 4 — Federal Government Contractor Considerations
- I. [4.1] Effective Compliance Evaluations and Enforcement (DIR 2022-02)
- II. [4.2] Advancing Pay Equity Through Compensation Analysis (DIR 2022-01)
- III. [4.3] Office of Federal Contract Compliance Programs Rescinds 2020 Religious Exemption Rule
- IV. [4.4] Office of Federal Contract Compliance Programs Updates Required Notices
- V. [4.10] Office of Federal Contract Compliance Programs Compliance Assistance Guides
- Chapter 5 — Employment Agreements
- I. [5.1] Introduction
- II. Basic Material Terms That Govern the Employment Relationship
- [5.2] List 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] Compensation Package
- [5.8] Termination of Employment
- [5.9] Mandatory Arbitration
- [5.10] Confidentiality Provisions
- III. Company’s Rights and Obligations upon Termination
- [5.11] List of Rights and Obligations upon Termination
- [5.12] Severance Pay and Earned Compensation
- [5.13] Restrictive Covenants
- [5.14] Noncompetition
- [5.15] Confidential Information
- [5.16] Near-Permanent Customer Relationships
- [5.17] Reasonableness
- [5.18] Confidential Information
- [5.19] Return of Company Property
- [5.20] Inventions
- [5.21] Nonsolicitation of Customers
- [5.22] Nonsolicitation of Employees
- [5.23] Rights and Remedies upon Breach
- IV. [5.24] Boilerplate Provisions
- V. [5.25] Sample Employment Agreement
- Chapter 6 — Anti-Discrimination and Anti-Harassment (with an Emphasis on Sexual Harassment) Policies and Training
- I. [6.1] Introduction
- II. [6.2] Sexual Harassment: The Ellerth and Faragher Decisions
- [6.3] Supervisor or Manager Harassment
- [6.4] Ellerth/Faragher Road Map
- [6.5] Who Is a Supervisor?
- What Is a Tangible Employment Action?
- [6.6] Supreme Court Definition
- [6.7] Other Definitions of “Tangible Employment Action”
- [6.8] Tangible Employment Action Must Be Taken “Because of” the Harassment
- What Is Reasonable Care to Prevent Harassment?
- [6.9] Generally
- [6.10] Additional Guidance for Small Employers
- Employer Should Have a Written Policy
- [6.11] Policies Found Adequate
- [6.12] Policies Found Inadequate
- [6.13] Employer Should Disseminate the Policy to Employees
- [6.14] Employer Must Respond to Previous Harassment
- [6.15] No Reasonable Care if Rumors Are Ignored
- What Is Reasonable Care To Correct Harassment?
- [6.16] Generally
- [6.17] Adequate Corrective Action
- [6.18] Inadequate Corrective Action
- III. Punitive Damages for Intentional Discrimination: Kolstad v. American Dental Ass’n
- [6.19] Supreme Court’s Decision
- What Type of Action Satisfies the Good-Faith Defense?
- [6.20] Written Policy Is Not Enough
- Written Policy and Training as Good-Faith Efforts
- [6.21] Employees Must Be Educated in the Requirements and Prohibitions of Employment Laws
- Training Must Be Ongoing
- [6.22] Punitive damages training audit
- [6.23] “Active mechanism for renewing awareness” of policies
- Good-Faith Efforts Include Implementation and Enforcement of Policies
- [6.24] Generally
- [6.25] Employer Cannot Ignore Actual Complaints or Rumors
- [6.26] Complaints and Reports of Harassment or Discrimination Must Be Taken Seriously
- [6.27] Employer Must Impartially Investigate Complaints and Reports of Discrimination or Harassment
- [6.28] Corrective Action
- [6.29] Mistake
- IV. [6.30] Illinois Sexual Harassment Training and Requirements
- [6.31] Sexual Harassment Training
- [6.32] Training for Restaurants and Bars
- [6.33] Training and Other Requirements for Casinos and Hotels
- [6.34] Penalties for Noncompliance
- [6.35] Disclosures
- [6.36] Restrictions on Nondisclosure Agreements, Non-disparagement Clauses, and Mandatory Arbitration Agreements
- [6.37] Expansion of the Victims’ Economic Security and Safety Act
- V. Practical Suggestions
- VI. [6.42] Conclusion
- Chapter 7 — Personnel Records and Posting of Notices
- I. [7.1] Introduction
- II. [7.2] Personnel Record Review Act
- [7.3] Coverage of the Personnel Record Review Act
- [7.4] “Personnel Records” Defined
- [7.5] Conditions of Inspection
- [7.6] Exceptions to the Right of Inspection
- [7.7] Administration and Enforcement of the Personnel Record Review Act
- [7.8] Filing a Complaint with the Illinois Department of Labor
- [7.9] Commencing a Civil Action Against the Employer
- Consequences and Penalties for Failure To Comply with the Personnel Record Review Act
- [7.10] Statutory Penalties
- [7.11] Other Consequences
- [7.12] Third-Party Requests for Personnel Records & Disclosure of Disciplinary Actions
- [7.13] Suggestions for Compliance with the Personnel Record Review Act
- [7.14] Q&A Concerning the Personnel Record Review Act
- [7.15] Sample Personnel Record Review Policy
- III. Documents and Information That Should Not Be Kept in Personnel Files
- [7.16] Medical Records or Records Containing Medical Information
- [7.17] Information That May Subject the Employer to a Possible Charge or Claim of Unlawful Discrimination
- [7.18] Documents Concerning Employment-Related Lawsuits or Charges
- [7.19] Sexual Harassment Investigation Documentation
- [7.20] Grievances/Complaints
- [7.21] Illinois Department of Children and Family Services Investigation Records
- [7.22] Records Concerning an Employee’s Associations, Political Activities, Publications, Communications, or Nonemployment Activities
- IV. Documentation and Record Retention
- Documentation
- [7.23] When and Why To Document
- [7.24] How To Support and Defend Decisions To Discipline or Terminate
- [7.25] Incidents Journal
- [7.26] Counseling or Coaching Sessions with the Employee
- [7.27] Performance Evaluations
- [7.28] General Documentation Tips Applicable to All Situations
- Record Retention Requirements
- [7.29] Federal Employment Law Record Retention Requirement Charts
- [7.30] Sample Record Retention Policy for Employers Who Use Independent Contractors
- [7.31] Record Retention Tips Applicable to All Employers
- [7.32] Illinois Employment Law Record Retention Considerations
- V. Posting of Notices
- [7.33] Required Federal Notices
- [7.34] “Equal Employment Opportunity is the Law” Poster
- [7.35] Fair Labor Standards Act Minimum Wage Poster
- [7.36] Family and Medical Leave Act Poster
- [7.37] Employee Polygraph Protection Act Poster
- [7.38] “Job Safety and Health: It’s the Law” Poster
- [7.39] Uniformed Services Employment and Reemployment Rights Act Poster
- [7.40] Notices and Postings of Special Interest for Federal Contractors
- Required Illinois Notices
- [7.41] “Your Rights Under Illinois Employment Laws” Poster
- [7.42] Victims’ Economic Security and Safety Act
- [7.43] Employee Classification Act Poster
- [7.44] Occupational Safety and Health Act Poster
- [7.45] Day and Temporary Labor Services Act Poster
- [7.46] Workers’ Compensation Poster
- [7.47] Unemployment Insurance Benefits Poster
- [7.48] “Emergency Care for Choking” Poster
- [7.49] Smoke Free Illinois Act Poster
- [7.50] Pregnancy Rights Poster
- [7.51] Job Discrimination and Sexual Harassment Poster
- [7.52] Sexual Harassment in Higher Education Poster
- [7.53] “Your Rights Under the Illinois Servicemember Employment & Reemployment Rights Act” Poster
- [7.54] The Consumer Coverage Disclosure Act
- [7.55] Optional Illinois Notices — Concealed Carry
- Chapter 8 — Wage and Hour Issues and Child Labor Laws
- I. [8.1] Introduction
- II. Fair Labor Standards Act
- [8.2] In General
- [8.3] Retaliation Prohibited
- [8.4] Exempt/Nonexempt Classifications
- [8.5] Salary Test
- [8.6] Duties Test
- [8.7] Executive Employees
- [8.8] Administrative Employees
- [8.9] Professional Employees
- [8.10] Outside Sales Employees
- [8.11] Computer Employees
- [8.12] Highly Compensated Employees
- [8.13] Concurrent Duties
- [8.14] Implementation
- [8.15] Paid Time
- [8.16] Waiting Time
- [8.17] Sleep Time
- [8.18] Lectures and Training Programs
- [8.19] Travel Time
- [8.20] Regular Rate of Pay
- [8.21] Compensatory Time
- III. [8.22] Minimum Wage
- IV. [8.23] Equal Pay
- V. [8.24] Illinois Wage Payment and Collection Act
- VI. [8.25] Illinois One Day Rest in Seven Act
- VII. [8.26] Child Labor
- VIII. [8.27] Federal Hours-of-Service Regulations
- Chapter 9 — Discipline and Termination Issues
- I. [9.1] Introduction
- II. [9.2] Discipline and Termination Issues
- [9.3] Performance Evaluations and Performance Documentation
- [9.4] Inflated Reviews
- [9.5] Documentation
- [9.6] Signatures
- [9.7] Evaluation Training
- Discipline
- [9.8] Performance and Performance Improvement Policies
- [9.9] Progressive Discipline
- [9.10] Documentation of Discipline
- [9.11] Suggestions To Avoid the Appearance of Discrimination when Disciplining Employees
- [9.12] Termination
- [9.13] Pretermination Considerations
- [9.14] Liability Questions
- [9.15] The Termination Meeting
- [9.16] Who Should Be Present for the Meeting?
- [9.17] Employee’s Right To Have a Representative Present
- [9.18] The Exit Interview
- Post-Termination Considerations
- [9.19] Consolidated Omnibus Budget Reconciliation Act
- [9.20] Unemployment Compensation
- [9.21] References
- [9.22] Access to Personnel File
- [9.23] Return of Property
- [9.24] Final Paycheck
- [9.25] Confidentiality/Noncompete Agreements
- [9.26] Severance Pay
- Chapter 10 — Reductions in Force
- I. [10.1] Introduction
- II. Alternatives to Reductions in Force
- [10.2] Alternative Means of Cutting Labor Costs Without Cutting Numbers
- Early Retirement Incentive Plans
- [10.3] In General
- [10.4] Older Workers Benefit Protection Act “Safe Harbor” Provision for Early Retirement Incentive Plans
- [10.5] Designing the Early Retirement Incentive Plan
- Setting Early Retirement Incentive Plan Eligibility Parameters
- [10.6] Setting a minimum age for eligibility is permissible
- [10.7] Setting a maximum age for eligibility is impermissible
- [10.8] Using years of service as requirement for participation is permissible
- [10.9] Offering the early retirement incentive plan to only a particular group or subset of employees is permissible
- [10.10] Determining the Early Retirement Incentive Plan Exit Incentive — What Benefits Should the Employer Offer, and What Benefits Are Acceptable Under the Age Discrimination in Employment Act?
- [10.11] Identical benefits or incentives for all eligible employees that are not tied to age are acceptable
- [10.12] Declining benefits are unacceptable
- [10.13] Exceptions to the requirement that early retirement incentive plan incentives must be equal for all eligible employees regardless of age
- [10.14] “Equal cost or equal benefit” defense
- [10.15] “Subsidized portion” offset
- [10.16] Social security supplements
- [10.17] Plans offered to tenured faculty members
- [10.18] Exemption for plans that coordinate retiree healthcare benefits with Medicare or other state-sponsored health benefit plans
- [10.19] Examples of early retirement incentive plan incentives that satisfy the Age Discrimination in Employment Act and Older Workers Benefit Protection Act requirements
- [10.20] Voluntariness of the Program
- Circumstances Surrounding the Offer
- [10.21] Period of time allowed for consideration
- [10.22] Whether employer suggested a consultation with an attorney
- [10.23] Whether the employee had an opportunity to negotiate the terms of the early retirement incentive plan
- [10.24] Information Provided to the Employee
- [10.25] Examples of Approved Early Retirement Incentive Plans
- [10.26] Examples of Unlawful Early Retirement Incentive Plans
- [10.27] Practical Suggestions for Implementing an Early Retirement Incentive Plan
- [10.28] Voluntary Separation Programs
- [10.29] Advantages
- [10.30] Disadvantages
- [10.31] How To Implement a Voluntary Separation Program
- [10.32] Determine Eligibility Criteria
- [10.33] Determine What Will Be the Incentive or Severance
- [10.34] Determine the Window Period
- [10.35] Ensure Voluntariness
- III. Practical Suggestions for Implementing Reductions in Force To Reduce Legal Risks
- Establish the Reasons for the Reduction in Force and Goals Consistent with Those Reasons
- [10.36] Document the Business Reasons for the Reduction in Force
- [10.37] Set Reduction in Force Goals So That They Comport with the Articulated Reasons for Implementing the Reduction in Force
- Initial Planning for the Reduction in Force
- [10.38] Determine the Scope and the Timing of the Reduction in Force
- [10.39] Determine What the Post-Reduction in Force Workforce Will Look Like
- [10.40] Compile Information Regarding the Company’s Demographics
- [10.41] Establish a Transition Review Team
- [10.42] Union Considerations
- [10.43] Examine Contractual Commitments Other than Collective-Bargaining Agreements
- [10.44] Review Personnel Policies
- [10.45] Consider Withdrawing Outstanding Offers and Implementing a Hiring Freeze
- [10.46] Worker Adjustment and Retraining Notification Act Considerations
- [10.47] Determine What Severance Benefits Will Be Offered to Terminating Employees in Exchange for a Waiver/Release of Claims
- Develop the Reduction in Force Selection Process
- [10.48] Establish Criteria To Be Used for Making the Decisions
- [10.49] Prohibited Selection Criteria
- [10.50] Decide Whether To Follow a Formal or an Informal Procedure
- [10.51] Outline the Selection Criteria To Be Used by the Decision-Makers
- [10.52] Select the Decision-Makers
- [10.53] Train the Decision-Makers
- Implement the Decision-Making Process/Procedure
- [10.54] Develop the Candidate Pool
- [10.55] Make Preliminary Decisions
- [10.56] Vet the Preliminary Decisions
- [10.57] Adjust Decisions if Necessary
- [10.58] Finalize Decisions
- [10.59] Communicating the Termination Decisions to Employees
- [10.60] Problems Associated with Hiring New Employees after a Reduction in Force
- IV. Law Relating to Discrimination Claims Resulting from Reductions in Force
- V. Releases and Waivers
- [10.64] In General
- [10.65] Elements of a Valid Release
- [10.66] Additional Minimum Requirements for a Knowing and Voluntary Release of Age Discrimination Claims as Set Forth in the Older Workers Benefit Protection Act
- [10.67] Older Workers Benefit Protection Act 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”
- [10.68] Forty-Five Days To Consider the Release
- [10.69] Statistical Information Regarding Termination Program
- [10.70] Statistical Information When Employer Conducts Successive Reductions in Force
- [10.71] Requirements of the Older Workers Benefit Protection Act Strictly Construed by the Supreme Court
- [10.72] Considerations Related to Confidentiality and Nondisparagement Provisions in Releases for Nonsupervisory and Nonmanagerial Employees
- [10.73] Additional Minimum Requirements When a Release or Separation Agreement Contains Non-Disparagement or Confidentiality Provisions Covering Harassment or Discrimination
- [10.74] Effect of Release on Employee’s Ability To Pursue Equal Employment Opportunity Commission Charges
- [10.75] Other Suggested Provisions for Releases
- VI. Considerations Under the Worker Adjustment and Retraining Notification Act
- [10.76] In General — Comparison Chart
- [10.77] Definitions of “Plant Closing” and “Mass Layoff”
- [10.78] Single Site of Employment
- [10.79] Facility or Operating Unit
- [10.80] Employment Loss
- [10.81] Termination of Employment
- [10.82] Layoff of More than Six Months
- [10.83] Reduction in Hours
- [10.84] Elimination of Employment Loss
- [10.85] Aggregation of Terminated Employees for Worker Adjustment and Retraining Notification Act Purposes
- Worker Adjustment and Retraining Notification Act Notice Requirements
- [10.86] To Whom Notice Must Be Given
- [10.87] Contents of the Worker Adjustment and Retraining Notification Act Notice
- [10.88] Notices to Affected Employees
- [10.89] Notices to Bargaining Unit Representatives
- [10.90] Notices to Government Officials
- [10.91] Other Notice Issues
- [10.92] Timing of the Worker Adjustment and Retraining Notification Act Notice
- [10.93] Liability and Penalties
- [10.94] Exceptions to the Worker Adjustment and Retraining Notification Act’s 60-Day Notice Period
- [10.95] Analytical Steps to Complying with the Worker Adjustment and Retraining Notification Act
- Chapter 11 — Compliance with the National Labor Relations Act
- I. [11.1] 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
- [11.9] Section 7 of the National Labor Relations Act: Protected Concerted Activity
- [11.10] Violations of §8(a)(1) of the National Labor Relations Act: Interference with Protected Concerted Activity
- [11.11] Protesting a Poor Manager
- [11.12] Complaints to a Client or Customer
- [11.13] Actions Regarding Work Hours, Wages, Terms of Pay, and Other Work Conditions
- [11.14] 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. [11.25] Union Access to Employer Property
- IX. Protected and Unprotected Communications with the Public
- X. [11.28] Employment of Union Organizers (Union “Salting”)
- XI. [11.29] Employee Committees
- XII. Union Organizing
- [11.32] Common Reasons for Employees To Be Interested in a Union
- [11.33] The Representation Election Process in a Nutshell
- [11.34] Dos and Don’ts in a Union Campaign
- [11.35] What Management Cannot Say or Do During a Union Campaign
- [11.36] What Management Can Say and Do During a Union Campaign
- [11.37] Strategies for a Successful Employer Response to Union Activity
- [11.38] Other Legal Principles Applicable to 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
- XV. [11.49] Conclusion
- XVI. Appendix — Sample Policy Provisions
- Chapter 12 — Independent Contractors and Other Nonemployees
- I. [12.1] Introduction
- II. Nonemployees
- III. Independent Contractors
- Federal and State Employment Discrimination Laws
- [12.5] Federal Law
- State and Local Law
- [12.6] Illinois Human Rights Act
- [12.7] Cook County Human Rights Ordinance
- [12.8] Chicago Human Rights Ordinance
- Wage and Hour Laws
- [12.9] Federal Law
- [12.10] State Law
- [12.11] Internal Revenue Code
- [12.12] Workers’ Compensation
- [12.13] Unemployment Insurance
- [12.14] Wage Payment and Collection Act
- [12.15] National Labor Relations Act
- IV. [12.16] Volunteers
- V. [12.17] Partners, Shareholders, Officers, and Directors
- VI. [12.18] Independent Contractor Agreements
- VII. [12.19] Volunteer Agreements
- VIII. Appendix
- Chapter 13 — The Audit Report and Follow-Up
- Chapter 14 — Workers’ Compensation Compliance and Preparedness Audit
- I. [14.1] Overview
- II. [14.2] Requirement To Have Insurance
- III. [14.3] Employment Policies
- [14.4] Safety and Substance Testing Policies
- [14.5] Family and Medical Leave Act Policies
- [14.6] Americans with Disabilities Act and Illinois Human Rights Act Policies
- [14.7] Per Se Violations of the Americans with Disabilities Act
- [14.8] Paid Sick Leave Ordinances and Other Mandated Leave Laws
- [14.9] Vacation Leave and Other Paid Time Off Policies
- [14.10] Protecting Credits Against Workers’ Compensation Awards
- IV. Accident Procedures
- V. [14.15] Defense of Claims
- VI. Record Keeping
- VII. [14.18] Notices to Employees
- VIII. [14.19] Auditing Insurance Coverage
- IX. [14.25] Claim Resolution and Retaliation
- X. [14.29] Waiving the Exclusive Remedy (Kotecki Caps and Limits)
- XI. [14.30] Unions
- XII. [14.31] Appendix
- Chapter 15 — Appendix
- Kevin Borozan
Kevin Borozan
Kevin 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
Cary R. Burke
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
Paul H. Burmeister
Paul H. Burmeister is a Shareholder with Davis & Campbell, in Chicago, where he concentrates his practice in labor and employment matters. Burmeister is a member of the Chicago Bar Association and Dank House Chicago. He received his B.A. and M.A. from the University of Illinois Urbana-Champaign and his J.D. from Loyola University Chicago School of Law.
- Eric S. Chovanec
Eric S. Chovanec
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
Joshua L. Ditelberg
Joshua L. Ditelberg is a Partner at Seyfarth Shaw LLP in Chicago, where he concentrates his practice on labor and employment issues. He is Vice President and Past President of the Chicago Chapter of the Labor and Employment Relations Association, a Fellow of the American Bar Foundation, and a Fellow of the College of Labor and Employment Lawyers. Mr. Ditelberg received his B.A. summa cum laude, Phi Beta Kappa, from the University of Pennsylvania, his M.A. with honors from the University of Pennsylvania, and his J.D. magna cum laude, Order of the Coif, from the University of Michigan Law School.
- Noah A. Frank
Noah A. Frank
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
Peter J. Gillespie
Peter J. Gillespie is a Partner at Laner Muchin, Ltd, in Chicago, where he represents and counsels management on employment law issues. Gillespie is a member of the Editorial Board of SciTech Lawyer and is Membership and Diversity Committee Chair, American Bar Association Section of Science and Technology Law. He received his B.A. from Northwestern University and his J.D. from Georgetown University Law Center.
- Bailey G. Green
Bailey G. Green
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
Jill A. Griffin
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
Kathryn M. Hartrick
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
Michael F. Hughes
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
David E. Krchak
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
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. 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
Poonam K. Lakhani
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
Philip J. Pence
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
Jeffrey A. Risch
Jeffrey A. Risch is a Partner at Amundsen Davis LLC, in Chicago, where he focuses his practice on management-side labor and employment issues. Risch is Chair of the Illinois Chamber of Commerce’s Employment Law and Litigation Committee and Chapter Labor Counsel of the Associated Builders and Contractors of Illinois. He is regularly recognized by Best Lawyers and Super Lawyers. Risch received his B.S. from Illinois State University and his J.D. with highest honors from the University of Tulsa College of Law.
- 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 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
Charity Seaborn
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.
Conducting the Employment Practices Audit 2023 Edition
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