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|Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims|
Nathaniel M. Glasser, Keisha-Ann G. Gray, Steven D. Hurd; Proskauer Rose LLP;
May 24, 2013, previously published on May 21, 2013On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability no longer applies to NYCHRL claims. Mihalik v. Credit Agricole...
|Office of Civil Rights Distinguishes Between Sexual Harassment and Hostile Environment for Purposes of Title IX|
Derek T. Teeter; Husch Blackwell LLP;
May 24, 2013, previously published on May 21, 2013Recently, the Office of Civil Rights (OCR) for the U.S. Department of Education issued commentary further illustrating OCR’s aggressive enforcement of the prohibition on sex discrimination specified in Title IX of the Education Amendments of 1972. The commentary makes clear that OCR considers...
|Puerto Rico Moves Closer to Prohibiting Discrimination on Basis of Sexual Orientation, Gender Identity|
Jackson Lewis LLP;
May 22, 2013, previously published on May 20, 2013The Senate of the Commonwealth of Puerto Rico has approved a bill prohibiting discrimination on the basis of sexual orientation or gender identity in the public and private sectors. Senate Bill No. 238 includes an amendment to Puerto Rico’s Anti-Discrimination Statute, Act No. 100 of June 30,...
|Know The Law: If DOMA is Overturned?|
Elizabeth A. Lahey; McLane, Graf, Raulerson & Middleton Professional Association;
May 22, 2013, previously published on May 2013Q: Several of my New Hampshire employees have same-sex spouses. If the United States Supreme Court overturns DOMA, how will that change their benefits structure?
|Colorado Expands Remedies for Workplace Discrimination Claims|
Jackson Lewis LLP;
May 21, 2013, previously published on May 17, 2013Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136),...
|Hong Kong's Court of Final Appeal Allows Transsexual Woman to Marry Man|
Kenneth Choy; Edwards Wildman Palmer LLP;
May 17, 2013, previously published on May 2013Hong Kong's Court of Final Appeal (CFA) recently addressed the question: Who is a 'woman' for the purpose of marriage? The landmark case is W v. The Registrar of Marriages, FACV 4 0f 2012. W is in her 30's. Having viewed herself as a female since early age, she was diagnosed with gender identity...
|OCR Announces Free HIPAA Omnibus Rule Webinars|
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 17, 2013, previously published on May 16, 2013The HHS Office of Civil Rights (OCR) and the Workgroup for Electronic Data Interchange (WEDI) are co-sponsoring four upcoming webinars to help smaller health care providers feeling overwhelmed by the 138-page HIPAA Omnibus Rule better understand HIPAA compliance and enforcement topics. The...
|Ambulance Service Failed in Duty to Accommodate|
Earl Phillips; McCarthy Tétrault LLP;
May 17, 2013, previously published on May 10, 2013The BC Ambulance Service failed in its duty to accommodate a paramedic who could no longer palpate a pulse because of his mulitple sclerosis. The employee’s manager was also held personally responsible.
|Third Circuit Extends Shareholder/Director "Employee" Test In Title VII To Business Entities That Are Not Professional Corporations|
Emily J. Bordens, Jed L. Marcus; Bressler, Amery & Ross A Professional Corporation;
May 10, 2013, previously published on May 9, 2013Recently, in Mariotti v. Mariotti Building Products, Inc., No. 11-3148 (3d Cir. Apr. 29, 2013), the Third Circuit was faced with whether a corporate officer/shareholder was considered an “employee” and, thus, had standing to sue under Title VII of the Civil Rights Act of 1964...
|Small Colorado Employers Face Higher Damages for Discrimination Claims|
Holland Hart LLP;
May 10, 2013, previously published on May 7, 2013Small businesses beware: your employees now have more incentive to sue you. As of January 1, 2015, employees can recover compensatory and punitive damages for employment discrimination claims against businesses that employ between one to fourteen people under Colorado's Job Protection and Civil...