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Illinois: Complying with the Illinois AI Video Interview Act

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August 9, 2019

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A few months ago, the Illinois legislature unanimously passed HB 2557, the Artificial Intelligence Video Interview Act (the Act).  This bill addresses employer use of AI in the recruiting/hiring process, namely, AI used to analyze applicants in video interviews.  The bill imposes a number of responsibilities on employers to provide notification, information, and obtain authorization from applicants who will be subject to AI analysis.  The Act applies to employers who are seeking to fill a position in Illinois.

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Seventh Circuit: ADA Reasonable Accommodation and Discrimination Claims Tempered by Employee Behavior

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July 23, 2019

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In Graham v. Artic Zone Iceplex, LLC, a former employee claimed a violation of the Americans with Disabilities Act (ADA) by the employer for (1) failure to provide reasonable accommodations of his disability, and (2) terminating him due to his disability. The Court explained that identifying a “reasonable accommodation” for an employee requires input from both employee and employer, and is a collaborative effort. This includes notice by the disabled employee to the employer if an accommodation provided does not meet the employee’s needs. If the employee fails to provide sufficient information in this regard, the employer cannot be held liable for failing to accommodate the employee.

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Illinois: Amended Act Expands Equal Pay Protection, Bans Salary History Inquiries

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September 29, 2019

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HB 834 amends and expands upon the existing Illinois Equal Pay Act (IEPA), incorporating new, important changes for employers.  The amendments include changes to equal pay provisions, anti-retaliation protections, and a prohibition on salary history inquiries.

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Illinois: Expanded Protections for Organ Donors on Leave

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January 1, 2020

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Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847).  Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.

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Chicago, IL: Predictive Scheduling Law Coming Next Summer

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July 1, 2020

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The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with 100 or more employees globally (250 employees for non-profit organizations), 50 of which meet the eligibility requirements. Employees are eligible for protection under the Ordinance if they primarily work in Chicago, earn no more than $50,000 per year in salary or $26 per hour as an hourly worker, and work in building services, healthcare, hotel, manufacturing, restaurant, retail, or warehouse services industries.

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Seventh Circuit: Obesity is a Disability Under the ADA Under Limited Circumstances

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June 12, 2019

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In Richardson v. Chicago Transit Authority, the Seventh Circuit Court of Appeal stated that obesity would only be considered a disability under the Americans with Disability Act (ADA) if the obesity is caused by a physiological disorder or condition.  This decision aligns the Seventh Circuit with the Second, Sixth, and Eighth Circuit courts.

Generally, employers covered by the ADA are required to provide disabled employees with reasonable accommodations that will allow the disabled person to perform the essential function of their job.  Richardson provides employers with guidance on how the ADA applies to obesity.  If an obese individual’s condition prevents them from performing essential job duties, or threatens the safety of others, employers may still need to engage in the interactive process to determine if the individual’s condition qualifies under the ADA or other state or local laws.

Action Items

  1. Review interactive process procedures for consistency with this ruling.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Illinois: Get Ready for Marijuana Legalization in 2020

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January 1, 2020

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Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug.  House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.

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March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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Illinois: Employers Are On the Hook for Any Illinois Biometric Information Privacy Act Violation

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January 25, 2019

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In Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court stated that any time a covered entity fails to comply with the Illinois Biometric Information Privacy Act (BIPA), even if there is no injury to the person, the person may sue the entity for the violations. Specifically, any time a person’s “legal right is invaded” under BIPA, the person is “aggrieved” and can bring a claim.

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Illinois: Equal Pay, Expense Reimbursement, and Military Leave Updates

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January 1, 2019

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HB 4743 amended the Illinois Equal Pay Act to prohibit paying wages to an African-American employee at a rate less than wage rates paid to non-African-American employees for the same or substantially similar work on jobs that require equal skill, effort and responsibility, and are performed under similar working conditions, with limited exceptions.

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