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U.S. Supreme Court Addresses Scope of Evidence Admissible to Show Discrimination On February 26, 2008, in Sprint/United Management Co. v. Mendelsohn, the United States Supreme Court clarified and broadened the scope of evidence that can be considered relevant to a plaintiff's discrimination claim to include evidence of discrimination against non-parties by supervisors who played no role in making the adverse employment action challenged by a plaintiff. The court also considered the proper role of the district and appellate courts in evaluating the admissibility of such evidence. Illinois Appellate Court Rules that Old Handbooks can be Binding A recent decision from the Illinois Court of Appeals highlights the importance of clear and effective disclaimers in employee handbooks. In Ross v. May Company, the plaintiff had been employed by the defendant company for more than 40 years. After the plaintiff was terminated, he filed suit claiming that his termination without cause was a breach of his employment contract. He claimed that a 1968 employee handbook, which articulated a progressive discipline policy, had created an implied-in-fact contract. The defendant argued in response that the handbook had been revised several times since 1968, with disclaimer language being inserted into the handbook in either 1987 or 1989, thereby precluding the creation of any employment contract. Special Protection for Social Security Numbers A majority of states have enacted laws requiring businesses that maintain Social Security numbers of employees (or others) to keep those numbers secure and confidential. The Federal Trade Commission, pursuant to the Federal Trade Act, also requires companies to take reasonable measures to protect personal information, such as Social Security numbers. Although the laws vary from state to state, as a general policy, Social Security numbers should not be collected or maintained unless there is a business necessity to do so. When it is necessary to collect or maintain Social Security numbers (such as for employment tax and other reporting purposes), they should be protected to the fullest extent possible. When handling documents that include Social Security numbers, the shown numbers should be redacted so that no more than four sequential digits are shown. A Jury Waiver can be an Effective Tool for Controlling Risk Arbitration agreements, in an employment setting, have increasingly proven not to be the panacea employers had hoped for in resolving disputes with former employees. Higher than expected costs, along with the lack of procedural protections found in the judicial system, have made mandatory arbitration a less appealing choice. Recent Alerts February 1 , 2008 December 18, 2008 Schiff Hardin on the Road
Schiff Hardin Labor and Employment Group |
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