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Latest from Jeffrey J Kmoch Blog

Today, Governor Pritzker signed HB0834 into law, amending Illinois’ Equal Pay Act to now prohibit employers from inquiring into job applicants’ salary or wage histories or using an applicant’s wage history, if volunteered, to screen them out of a position. Employers may still, however, ask applicants about their wage expectations. Unlike certain other jurisdictions’ wage history laws, it is unclear if the Illinois law will permit employers to ask applicants in commissions-driven fields what their…
On June 2, 2019, both houses of the Illinois legislature passed Senate Bill 75, the Workplace Transparency Act (“WTA”), and Governor Pritzker is expected to sign the bill into law shortly. The WTA amends the Illinois Human Rights Act (“IHRA”), expanding protections for Illinois workers against discrimination and harassment by: Extending the IHRA to prohibit discrimination and harassment against “nonemployees” in the workplace (e.g. contract workers and consultants); Clarifying that the “work environment” is not…
On May 31, 2019, the Illinois House of Representatives passed House Bill 1438, the “Cannabis Regulation and Tax Act.” Governor J.B. Pritzker, who campaigned on recreational marijuana legalization, has vowed to sign the bill into law and, if he follows through, the Act will go into effect on January 1, 2020. Before indulging, Illinois workers should be aware that the Act does not prohibit drug testing or prevent their employers from discharging them even for…
In Lau v. Abbott Labs, 2019 IL App (2d) 180456 (Ill. App., Apr. 2, 2019), the Appellate Court of Illinois 2nd District, reversed in part the trial court’s grant of summary judgment and resurrected the discharged employee’s claims of discrimination on the basis of sex, race, national origin, or age. A Plaintiff Need Not Identify Comparators of Exactly the Same Grade Level to Advance a Discrimination Claim One of the primary ways that plaintiffs establish…