Indianapolis Employment Attorneys

Indiana Court of Appeals Reaffirms Employment Handbook Not a Contract

On New Year’s Eve, December 31, 2015, Indiana’s Court of Appeals, in the matter of Harris v. Orange County Highway Department, et al, reaffirmed the precedent that employment handbooks generally do not create enforceable employment contracts.  Daniel Harris argued that the employment handbook at issue in his case was unique and created a burden on […]

Private Email Access and the Stored Communications Act

Employees often ask whether their employer can access their private email messages that were used on the employer’s computer.  Generally, the answer to this inquiry is no, employers cannot intentionally access private email communication without your authorization.  This may likely constitute a violation of the Stored Communications Act.  Employees have no expectation of privacy with […]

EEOC Filing Deadlines – Remember the Deadlines!

In Swanson v. Village of Flossmoor (7th Cir. July 24, 2015), the Seventh Circuit recently affirmed dismissal of a plaintiff’s race and national origin discrimination claims because he failed to timely file a complaint.  Claims of unlawful discrimination under Title VII of the Civil Rights Act of 1964 are required to be filed with the […]

Americans with Disabilities Act – Essential Functions – Issue of Fact for Jury

In Shell v. Smith (7th Cir. June 15, 2015), the Seventh Circuit reversed the District Court and held that issues of fact must be decided by a jury on whether driving a bus was an essential function for the plaintiff.  To be protected under the Americans with Disabilities Act, as amended (“ADAAA”), one must generally […]

Social Security Disability and the ADA Amendments Act – No Paradox

In Rutledge v. Illinois Dept. of Human Services, et al (7th Cir. May 5, 2015), the Seventh Circuit reaffirmed the principle that being “disabled” for VA disability benefits or Social Security Disability (SSD) benefits does not automatically mean that a plaintiff is foreclosed from pursuing an employment discrimination claim under the Americans with Disabilities Act, […]