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Illinois Enacts Equal Pay Certification Follow-Up Amendments

Signed by Governor J.B. Pritzker into law June 25, 2021, new amendments to the Equal Pay Act of 2003 alter and clarify the practical implications of obtaining an equal pay registration certificate under the Act. A requirement enacted through Governor Pritzker’s signing an amendment to the Equal Pay Act on March 23, 2021, businesses with more...… Continue Reading
June 29, 2021

New Illinois Legislation Targets Equal Pay; Requires Detailed Pay Report and New Enforcement Methods

An amendment to the Illinois Equal Pay Act of 2003 requires that, beginning March 23, 2024, employers with more than 100 employees in Illinois must certify compliance with the Equal Pay Act by obtaining an Equal Pay registration certificate from the state Department of Labor. Under the amendment signed by Governor J.B. Pritzker on March 23, 2021, businesses...… Continue Reading
March 24, 2021

EEOC FY 2020 Annual Performance Report: Recoveries Up, But Fewer Lawsuits Filed

The Equal Employment Opportunity Commission’s (EEOC) Fiscal Year (FY) 2020 Annual Performance Report (APR) shows a substantial decrease in the number of lawsuits filed by the agency. However, the APR shows a dramatic increase in the amount of monetary recoveries by the EEOC in litigation compared to FY 2019. Click here to read the full article...… Continue Reading
January 28, 2021

President Biden Names Charlotte Burrows as EEOC Chair

One day after President Joe Biden’s inauguration, the Equal Employment Opportunity Commission (EEOC) announced that he has named current EEOC Commissioner Charlotte A. Burrows Chair of the EEOC and Commissioner Jocelyn Samuels Vice Chair of the EEOC. Click here to read the full article on the Jackson Lewis website.… Continue Reading
January 24, 2021

EEOC Revises Guidance on Religious Discrimination in the Workplace

The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008. Click here to read the rest of the article on the Jackson...… Continue Reading
January 22, 2021

Developments to Monitor in 2021: LGBTQ+ Rights and Freedom of Religion in the Workplace

As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory activity, and litigation that employers need to be aware of and what to look out for in 2021. Highlights from the Litigation section...… Continue Reading
January 21, 2021

EEOC: A “Pattern and Practice” is Not a Standalone Basis to Sue

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The Commission’s detailed guidance, issued September 3, 2020, announces a more restrained approach by the agency in bringing such claims. The...… Continue Reading
September 11, 2020

U.S. Supreme Court Hears Argument on Whether ‘Ministerial Exception’ Covers Lay School Teachers

Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important religious functions, is the question presented in two consolidated cases before the U.S. Supreme Court: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, and St. James School v. Biel, No.... Continue Reading
May 12, 2020

Snooze and Lose: Defendants Need to Raise Plaintiffs’ Failure to File Charge Early in Litigation

The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential, claim-processing rule that does not determine whether a court has subject-matter jurisdiction over the dispute, the U.S. Supreme Court has...… Continue Reading
June 4, 2019

Older Applicants Cannot Utilize ADEA to Challenge Neutral Hiring Criteria, Seventh Circuit Rules

The Age Discrimination in Employment Act does not permit non-employees to bring claims under a disparate impact theory, the Seventh Circuit has ruled. Kleber v. CareFusion Corp. (7th Cir. Jan. 23, 2019). Accordingly, in Illinois, Indiana, and Wisconsin, job applicants will not be able to challenge hiring decisions that are neutral, but which disproportionately exclude...… Continue Reading
April 29, 2019

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