HR Specialist: Illinois Employment Law

Compared to other states, Illinois makes it easier for employers to get sued. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Illinois-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Illinois Employment Law and the free report you’ll get when you subscribe...

A federal court has sided with the EEOC in a disability discrimination case involving the Macomb store of auto parts retailer AutoZone.

The case involved a store manager, John Shepherd, who suffered from back and neck injuries that limited his ability to lift or rotate his upper body.

In 2003, AutoZone changed its managers’ job descriptions to add tasks such as mopping floors and other maintenance jobs. Shepherd injured himself while attempting to perform those duties. When he tried to return from disability leave, the company kept him on unpaid involuntary leave. Eventually, AutoZone fired Shepherd.

Shepherd sued for disability discrimination.

In court, AutoZone noted that Shepherd applied for and received disability payments from the Social Security Administration. Therefore, it argued, he was too disabled to perform his job.

The EEOC joined the case, noting a long string of court decisions showing that disability determinations for receiving benefits are different from those for reasonable accommodations in the workplace. The court ruled against AutoZone.