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|What is Physical Disability? BC Human Rights Tribunal Confirms Legal Test under Human Rights Code|
Larry Page; DLA Piper (Canada) LLP;
February 27, 2015, previously published on December 30, 2014A decision this month by the BC Human Rights Tribunal (the “Tribunal”) considered the evidence required to prove a “physical disability” under the Human Rights Code (Li v. Aluma Systems Inc. et al, 2014 BCHRT 270).
|Alberta Human Rights Decision Highlights Employer’s Responsibility to Accommodate Childcare Obligations as Family Status|
Christopher Dormer; DLA Piper (Canada) LLP;
February 27, 2015, previously published on December 30, 2014In Clark v Bow Valley College, (2014 AHRC 4), Ms. Leah Clark filed a human rights complaint on April 11, 2011 against her employer, Bow Valley College, (the “College”), that was heard by the Alberta Human Rights Tribunal. Her complaint alleged discrimination on the ground of family...
|Legal Protection for Interns on Its Way to NJ Soon?|
Jason A. Storipan; Fisher & Phillips LLP;
February 27, 2015, previously published on February 16, 201Last month the New Jersey Assembly Labor Committee approved the New Jersey Intern Protection Act and sent it to the whole Assembly for a vote. The bill approved by the Assembly Labor Committee was passed by the Senate in June of 2014 and now awaits a vote by the Assembly.
|Illinois Issues Required Employer Posting and Fact Sheet under Pregnancy Accommodations Law|
Hallie Diethelm Caldarone, Kathryn Montgomery Moran, Paul A. Patten; Jackson Lewis P.C.;
February 26, 2015, previously published on December 16, 2014Beginning January 1, 2015, the Illinois Human Rights Act (“IHRA”) will offer additional protections for pregnant women in the workplace and additional responsibilities for employers with respect to their pregnant workers. On or before that date, employers must post information about the...
|DOL Releases Regulations Extending Protections to Lesbian, Gay, Bisexual, and
Transgender Employees, Applicants|
Eric J. Felsberg, Michelle E. Phillips; Jackson Lewis P.C.;
February 26, 2015, previously published on December 12, 2014Final regulations implementing the July 21, 2014, Presidential Executive Order prohibiting federal contractors and subcontractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) employees and applicants were published in the Federal Register (“the Rule” or...
|The Long History of GM’s Ignition Switch Cover Up|
Jodi Westbrook Flowers; Motley Rice;
February 18, 2015, previously published on December 12, 2014GM’s ignition switch defect has now been linked to 38 deaths to date. The ignition switch problem was so obvious that customers, journalists and even GM employees were reporting the problem a decade before GM finally admitted the issue and recalled the cars.
|ADEA Claim Failed for Employee's Failure to Refute Employer's Legitimate and Non-Discriminatory Reasons for Termination|
Catherine A. Stevens; Baker Sterchi Cowden & Rice, L.L.C.;
February 18, 2015, previously published on January 13, 2015 76-year old Carlyn Johnson sued under the Age Discrimination in Employment Act after he was fired from his position with Securitas Security Services USA, Inc. The district court granted Securitas summary judgment, finding that Johnson failed to submit sufficient evidence to show that a genuine...
|OCR Issues New Bulletin on Ensuring Privacy in Public Health Emergencies|
Stephanie Willis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 18, 2015, previously published on November 13, 2014This week, the HHS Office of Civil Rights (OCR) issued a bulletin (Bulletin) to remind covered entities and business associates that “the protections of the Privacy Rule are not set aside during an emergency.”
|Maine Human Rights Commission Amends Complaint Procedures|
February 18, 2015, previously published on February 9, 2015Any employer that has ever been part of a Maine Human Rights Commission investigation has learned firsthand that the process can be long, frustrating and often-times unfair. Due to chronic understaffing at the Commission, the investigation process can be agonizingly slow and drag on for up to two...
|OFCCP to Update Sex Discrimination Guidelines|
Duane Morris LLP;
February 18, 2015, previously published on February 5, 2015On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to rescind and replace the OFCCP's Sex Discrimination Guidelines. These significant proposed regulations would rescind the current Sex...