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Protecting Employers for Over 30 Years
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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

April 2012 Archives

The EEOC - At It Again

We have all seen over the last number of years that the tentacles of government involvement - on both federal and state levels - have drastically increased the costs to business and the potential liabilities of an employer for alleged discriminatory practices. For many employers, credit checks and criminal background checks are absolute necessities, but be it the Federal Trade Commission or the Equal Employment Opportunity Commission, these agencies have attempted to chip away at the employer's right to perform these checks over the last few years. On or about April 25, 2012, the EEOC released their new Enforcement Guidelines for employers dealing with criminal background checks and the clear emphasis that it is the EEOC's presumption that consideration of a criminal history is patently unlawful unless the involved employer can prove that its policy is narrowly tailored, clearly job-related, and consistent with business necessity.

The Supreme Court Recognizes the Ministerial Exception to Employment Discrimination Claims

On January 11, 2012, the Supreme Court issued its opinion in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et al. The issue before the Court was whether the Establishment and Free Exercise Clauses of the First Amendment barred a minister employee from suing her religious institution employer for employment discrimination. With a unanimous decision, the Court held that an exception derived from the First Amendment (the "ministerial exception") did bar a minister employee from suing her religious employer for employment discrimination.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
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Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
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Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
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Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
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Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
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St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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