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...

Chicago-based United Airlines agreed to settle a disability discrimination suit stemming from practices at San Francisco International Airport. The case involved a United policy restricting overtime for workers who had been placed in light-duty assignments.

Samuel Chetcuti, who has epilepsy, worked as a storekeeper for United at the San Francisco airport. His medical restrictions kept him from operating heavy machinery and working high above the ground, but they did not limit the number of hours he could work. Unfortunately for him, United’s light-duty policy did.

He filed a complaint with the EEOC, claiming the policy discriminated against disabled workers because it barred them from working overtime even when they were medically cleared to do so.

The ADA protects qualified workers with disabilities.

United agreed to settle the case for $850,000. Any current or former employee harmed by the policy could potentially be compensated from the fund.

The no-overtime policy has been rescinded under terms of the settlement.

Advice: Review any blanket policy pertaining to disabled workers. The ADA requires employers to treat each case uniquely and work with the employee to find a reasonable accommodation. Unique solutions seldom mix well with across-the-board policies.