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|Surprising Reinstatement Decision of the Human Rights Tribunal Upheld|
Geoffrey Breen; Cassels Brock & Blackwell LLP;
October 20, 2014, previously published on October 10, 2014You may recall that last year, the Ontario Human Rights Tribunal (“the Tribunal”) raised the eyebrows of employers when it ordered that a terminated employee be reinstated to her position with full seniority almost a decade after she had left the workplace. In Fair v. Hamilton-Wentworth...
|Gender Identity Is Added To Maryland’s Discrimination Law|
Charles R. Bacharach, Robert C. Kellner, Alicia Lynn Wilson; Gordon Feinblatt LLC;
October 17, 2014, previously published on September 18, 2014Maryland joined seventeen other states and the District of Columbia in adding gender identity to the state's discrimination law. In addition to employment, the Fairness for All Marylanders Act of 2014, prohibits discrimination based on gender identity in public accommodations and housing. Similar...
|New Jersey’s New Law Mandates Video Cameras in Police Vehicles: When it Comes to Law Enforcement Encounters, a Video is Worth a Thousand Words|
Ellen Torregrossa-O'Connor; Wilentz, Goldman & Spitzer P.A.;
October 16, 2014, previously published on September 25, 2014These days, cameras seem to be everywhere. From shameless “selfies” to stealthy surveillance videos, our every move seems to be memorialized in some way, like it or not. While some may long for more private times when many things were left to our memories and imaginations, there can be...
|US Supreme Court Grants Certiorari in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.|
Miriam R. Nemetz; Mayer Brown LLP;
October 9, 2014, previously published on October 3, 2014Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer to discharge or refuse to hire an individual because of the individual’s religious observance or practice unless the employer demonstrates that it is unable to accommodate the practice without...
|Fifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 9, 2014, previously published on October 2, 2014Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms, conditions, or privileges of employment” because of a protected...
|EEOC Files Suit over Common Severance Agreement Language|
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
October 8, 2014, previously published on September 2014On February 7, 2014, the Chicago Office of the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy, Inc. alleging its separation agreements violate Section 707 of the Civil Rights Act of 1964. The Chicago office is widely recognized as the most aggressive of the...
|Ontario Human Rights Tribunal Finds Paying Disabled Employee $1.25 an Hour is Discrimination|
Leslie Frattolin, Jennifer P. Saville; DLA Piper (Canada) LLP;
October 3, 2014, previously published on September 29, 2014In Garrie v Janus Joan Inc, the Human Rights Tribunal of Ontario (the “Tribunal”) ordered Janus Joan Inc. (the “Company”) to pay over $186,000 to Terri-Lynn Garrie, (the “Applicant”) a developmentally disabled woman who was paid $1.25 an hour for years before her...
|Employment Law Summer Recap 2014: Part 11 of 11 - GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s Attention...Briefly|
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 3, 2014, previously published on September 30, 2014This summer’s FIFA World Cup was truly spectacular. I know this because I’ve been working in the same office building for years and not once has every one of the 10+ pubs located within a five-block radius been packed to the gills on a weekday afternoon for a sporting event. I know this...
|Notes from the Joint OCR/NIST HIPAA Security Conference|
Dianne J. Bourque, Kimberly J. Gold, Kate F. Stewart, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on October 1, 2014As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) andNational Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk...
|Rare Costs Award at BC Human Rights Tribunal for Improper Conduct|
Ryley Mennie; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 19, 2014Despite an employer’s legitimate basis for terminating an employee’s employment, it will often find itself a respondent to a human rights complaint following termination. The costs for employers to defend a human rights complaint can be very high and, unlike in the courts, the B.C....