Employment Law Chicago Blog
Employer Alert–2026 Amendments to the Illinois Workplace Transparency Act
The Illinois Workplace Transparency Act, 820 ILCS 96/1-5, has been amended by the Illinois Legislature, effective for any employment or separation agreement entered into on or after January 1, 2026. The amendments impose additional restrictions and requirements on employers in connection with employment, separation and settlement agreements, with which Illinois employers should familiarize themselves.
Expanded Definitions
Concerted Activity
The amendments expand the definition of concerted activity to include “activities engaged in for the purpose of collective bargaining or other mutual aid or protection….”
Unlawful Employment Practice
The amendments expand the definition of an unlawful employment practice to include, in addition to unlawful discrimination, harassment and […]
7th Circuit Reverses Summary Judgment On Constructive Discharge Age Discrimination Claim
On June 18, 2025, the 7th Circuit reversed an order of summary judgment in favor of a defendant-employer on a constructive discharge age discrimination claim. Murphy v. Caterpillar Inc., No. 24-1517 (7th Cir. June 18, 2025).
To establish a prima facie case of age discrimination claim under the Age Discrimination in Employment Act (“ADEA”), a plaintiff must demonstrate that they: (i) are in the protected age class, (ii) met the employer’s legitimate performance expectations, (iii) suffered an adverse employment action, and (iv) were treated less favorably than similarly situated substantially younger employees. If the plaintiff meets the elements of a prima facie case of age […]
SCOTUS LEVELS THE PLAYING FIELD FOR REVERSE DISCRIMINATION PLAINTIFFS
On June 5, 2025, SCOTUS ruled in favor of a heterosexual woman in a Title VII reverse discrimination case, who alleged that her employer denied her promotion and demoted her because of her sexual orientation. Ames v. Ohio Dept. of Youth Services, 605 U.S. ___ (2025). SCOTUS held that Title VII reverse discrimination plaintiffs are not held to a heightened evidentiary legal standard. SCOTUS rejected the Sixth Circuit’s requirement, that members of a majority group must plead and prove the additional element of “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.” […]
Texas Court Strikes Down FTC Ban on Non-competition Agreements
On August 20, 2024, in the case of Ryan v. FTC, a federal judge in the United States District Court for the Northern District of Texas struck down the Federal Trade Commission’s Final Rule that would have banned all non-competition agreements nationwide. The judge entered a nationwide permanent injunction invalidating, setting aside, and barring the implementation of the FTC Final Rule. The court’s ruling is based on the grounds that the FTC exceeded its statutory authority and the Final Rule is arbitrary and capricious.
The ruling has significant practical effect for all employers nationwide. The FTC Final Rule will not take effect […]
Elements of a Sexual Harassment Claim
On June 13, 2024, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a Title VII sexual harassment case. Anderson v. Mott Street, No. 23-2765 (7th Cir. June 13, 2024). The plaintiff, a restaurant host, sued the employer for sexual harassment, sex discrimination and retaliation. In order to state a claim for hostile work environment sexual harassment, a plaintiff must plead and prove: (i) her work environment was both objectively and subjectively offensive, (ii) the harassment was based on her gender, (iii) the conduct was so severe or pervasive as to alter the conditions […]
7th Circuit Affirms Summary Judgment on Equal Pay Act Claims
On April 30, 2024, the 7th Circuit affirmed summary judgment in favor of an employer-defendant on equal pay, retaliation, discrimination, and hostile work environment claims. Rongere v. City of Rockford, No. 23-1761 (7th Cir. April 30, 2024). The plaintiff sued her former employer under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, the Illinois Human Rights Act, the Illinois Whistleblower Act, and Illinois common law.
The equal pay claim failed because the plaintiff did not identify adequate comparators. To establish a claim under the Equal Pay Act, a plaintiff must demonstrate that: (i) different wages are […]
FTC BANS NON-COMPETITION AGREEMENTS
On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) published its Final Rule abolishing employment non-competition agreements. The Final Rule does not go into effect until 120 days after its date of publication in the Federal Register (the “Effective Date”).
The Final Rule states that non-competition agreements constitute an unfair method of competition and, therefore, violate Section 5 of the FTC Act. After the Effective Date, employers will be prohibited from: (i) entering into or attempting to enter into non-competition agreements with employees, (ii) enforcing or attempting to enforce existing non-competition agreements with employees, or (iii) representing to employees that […]
7th Circuit Affirms Summary Judgment for Employer in FMLA Lawsuit
On March 9, 2022, the 7th Circuit affirmed an order of summary judgment in favor of the defendant employer in a lawsuit filed by a former employee, who alleged that the employer violated the Family and Medical Leave Act (“FMLA”) by terminating her employment four days after she returned to work from an FMLA leave of absence. Anderson v. Nations Lending Corporation, No. 21-1885 (7th Cir. March 9, 2022). She filed a federal lawsuit for violations of the Americans with Disabilities Act as well as for interference and retaliation under the FMLA. In an FMLA interference lawsuit, the employee has […]
Americans with Disabilities Act–Direct Threat Analysis
On February 11, 2022, the 7th Circuit affirmed an order of summary judgment in favor of an employer in a disability discrimination lawsuit under the Americans with Disabilities Act (“ADA”). Pontinen v. US Steel Corporation, No. 21-1612 (7th Cir. Feb. 11, 2022). The employer rescinded an offer of employment after determining that the potential employee’s disability–seizure disorder–posed a direct threat to himself and to others in the workplace. The 7th Circuit concluded that summary judgment was appropriate because the undisputed evidence demonstrated that the disability was not the ‘but for’ cause of the rescission of the job offer.
The ADA prohibits an […]
Retaliatory Discharge Claim for Employees who Complain about Unpaid Wages under the Illinois Wage Payment and Collection Act.
On December 23, 2021, the Illinois Appellate Court, Second District, held that the Amended Illinois Wage Payment and Collection Act (the “Act”) creates a statutory cause of action for retaliatory discharge for an employee whose employment has been terminated for exercising his or her rights under the Act. Dichiarro v. Woodland Maintenance Group, LLC, et al., 2021 IL App (2d) 210418 (2nd Dist. Dec. 23, 2021). The plaintiff alleged that the defendants terminated her employment in retaliation for and because of her repeated demands for payment of unpaid wages due and owing to her under the terms and conditions of […]