Labor and Employment Law

Since 1981, Mr. Theobald has represented hundreds of clients on a wide variety of labor and employment litigation.   As the attorney for the Chicago Cook County Sheriff he advised the sheriff on many labor and employment issues such as the Shakman decree, established the first mandatory drug testing program for law enforcement officers in Chicago’s Cook County, and negotiated original collective bargaining agreements with the Sheriff’s Police and Court Services Departments.

Additionally he has handled numerous other employment and labor issues including breach of employment contract, disciplinary hearings, administrative review, sex harassment, sex discrimination, age discrimination, race discrimination, national origin discrimination, and disability discrimination.

Notable Achievements:

  • The first successful challenge to the Chicago Police Department’s mandatory retirement age
  • The first successful political employment discrimination case brought by a public employee exempt from protections of the Shakman decree
  • The successful challenge to the discriminatory promotion practices by the Chief of the Chicago Police Department in the command ranks
  • The successful challenge to the Chicago Board of Education’s alleged reform policy to “remediate” teachers of the Chicago Public schools in order to “re-culture” their staffs
  • Victory in the Supreme Court:  Madigan v. Levin, 12-872.  On October 7, 2013, we argued before the United States Supreme Court that the Court affirm the 7th Circuit decision in our client’s favor in Levin v. Madigan, 692 F. 3d 607 (7th Cir. 2012).  On October 15, 2013, the Supreme Court dismissed Madigan’s petition as improvidently granted which left the 7th Circuit’s decision intact, and returned the case for trial in the district court.  Read more: Supreme Court Review – Madigan v. Levin 10/24/13

Recent News: 

Published on Dec 16, 2015
The Eleventh Circuit opens the door for “disparate impact” claims from applicants as well as employees. The court allowed an age bias claim to go forward against R.J. Reynolds Tobacco Company from an online job seeker who was rejected repeatedly for employment. Company guidelines allegedly directed hiring managers to target people who are “2-3 years out of college” and to “stay away from” applicants with “8–10 years” of experience. The plaintiff is arguing that these guidelines have a disparate impact on older workers and led the company to reject his application.
David W. Garland from Epstein Becker Green speaks on the topic – watch here
Also featured in Employment Law This Week, Episode 8 (Dec. 14th, 2015) – watch here
For more on recent EEOC initiatives visit and

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