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Documents on civil rights
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|Privacy: what laws apply in Atlantic Canada?|
Ian C. Wallace; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of...
|Iowa Supreme Court Affirms Defense Verdict in Disparate-Impact Employment Discrimination Case Against State|
Amanda M. Atherton; Nyemaster Goode, P.C.;
August 6, 2014, previously published on July 25, 2014Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented by twenty-three...
|Employer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 5, 2014, previously published on August 1, 2014The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...
|Employers Should Take Advantage of Human Rights Summary Hearings|
Daniel Pugen; McCarthy Tétrault LLP;
August 4, 2014, previously published on July 23, 2014A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are...
|Executive Order Protects Federal Contractor LGBT Workers|
Cheryl L. Behymer; Fisher & Phillips LLP;
August 4, 2014, previously published on July 22, 2014Yesterday President Obama issued an Executive Order extending antidiscrimination protection on the basis of sexual orientation and gender identity, as well as including these categories in affirmative action requirements. Regarding the federal contractor obligations, the Secretary of Labor will...
|New State Law Protects Unpaid Interns in the Workplace|
Morrison Cohen LLP;
August 4, 2014, previously published on July 28, 2014Civil rights and workplace protections have been extended to unpaid interns under a new state law that took effect early last week. The law was prompted by a recent dismissal of sexual harassment claims brought in federal court in New York by an unpaid intern against a company executive on the...
|The Human Dignity Trust Wins Right to Be Registered As a Charity|
Withers Bergman LLP;
August 2, 2014, previously published on July 31, 2014The Human Dignity Trust (HDT) first applied for charitable status in 2011. HDT’s application was rejected by the Charity Commission in June 2012, which upheld its decision in October 2013 on the basis that while promoting human rights is a charitable purpose, changing the law was not. HDT...
|BC Human Rights Tribunal Issues New Rules Of Practice and Procedure|
Donovan Plomp; McCarthy Tétrault LLP;
August 2, 2014, previously published on July 30, 2014Following on its new complaint and application forms introduced earlier this year, the British Columbia Human Rights Tribunal recently issued new Rules of Practice and Procedure (the “2014 Rules”), replacing its former Rules from January 2008. The 2014 Rules are directed at reducing the...
|A Bird’s-Eye View of the DFEH: An Interview with Patti Perez|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
August 1, 2014, previously published on July 30, 2014From defining accommodation provisions for assistive animals to calculating pregnancy disability leave, the matters addressed by California’s Department of Fair Employment and Housing (DFEH) regulations are extensive. In this interview, we chat with Patti Perez, Esq., SPHR, president and CEO...
|E.M. v. Pajaro Valley USD|
Rutan Tucker LLP;
August 1, 2014, previously published on July 2014On July 15, 2014, the United States Court of Appeals for the Ninth Circuit issued its most recent opinion regarding the Individuals with Disabilities Education Act of 2004 (“IDEA”): E.M. v. Pajaro Valley USD. The appellate court upheld the district court’s judgment in favor of...