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|Subjective Knowledge: It Might Be What a Jury Infers You Knew|
Bide Akande; Heyl, Royster, Voelker & Allen Professional Corporation;
December 19, 2016, previously published on Fourth Quarter 2016How bad does an inmate’s care have to be to create a reasonable inference that a doctor was aware of, and disregarded, a substantial risk of harm? This was the issue considered by the Seventh Circuit Court of Appeals in their August 23, 2016 en banc decision in Petties v. Carter, No14-2674...
|When In Doubt, Get It In Writing|
April L. Cressler; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 7, 2016, previously published on December 1, 2016It was New Year’s Eve, and Sue Smith was closing out her year with a bang. It wasn’t yet midnight when the bartender determined it was time to cut her off. Sue responded by launching a beer bottle at the bartender’s face, and a scuffle with two uniformed officers ensued,...
|Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules|
Mariah H. McGrogan, Paul A. Patten, Michelle E. Phillips, Marla N. Presley, Douglas G. Smith; Jackson Lewis P.C.;
November 21, 2016, previously published on November 11, 2016The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No. 16-225 (W.D. Pa. Nov. 4, 2016).
|Massachusetts Anti-Discrimination Agency Issues Guidance on Gender Identity Discrimination|
Gauri P. Punjabi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2016, previously published on October 26, 2016Recently, the Massachusetts Commission Against Discrimination (MCAD) published guidance on gender identity discrimination, which the Massachusetts Fair Employment Practices Act (commonly known as “Chapter 151B”) has prohibited since July 1, 2012. The guidance and statute, however,...
|Seventh Circuit to Reconsider Title VII Prohibition of Discrimination Based on Sexual Orientation|
Paul A. Patten, Michelle E. Phillips; Jackson Lewis P.C.;
October 20, 2016, previously published on October 14, 2016The U.S. Court of Appeals for the Seventh Circuit, in Chicago, has vacated the July 28, 2016, decision of a Seventh Circuit three-judge panel holding that sexual orientation discrimination is not sex discrimination under Title VII of the Civil Rights Act and granted rehearing en banc (by the full...
|Court Decisions Could Frustrate Obama Administration Efforts to Protect Transgender Students, Employees|
Thomas Dorer, Mariah H. McGrogan, Michelle E. Phillips; Jackson Lewis P.C.;
September 28, 2016, previously published on September 21, 2016A flurry of judicial activity has surrounded the Obama Administration’s efforts to provide legal protection to transgender individuals by extending protection against sex discrimination to cover gender identity under Title IX of the Education Act of 1972 and Title VII of the Civil Rights Act...
|Establishment, Structure and Functioning of Regional Courts of Appeal|
Erdem Erdem Law Office;
September 14, 2016Appellate jurisdiction is regulated under the Civil Procedure Code (“CPC”) that entered into force on 01.10.2011. Thus, the decisions rendered by the courts of first instance may be challenged before the competent regional courts of appeal, and the regional courts of appeal sit between...
|Land Use Litigation - Trends, Exposures and Moral Hazards|
Audrey L. Copeland, Howard Mankoff; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 11, 2016, previously published on September 1, 2016The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 USCS § 2000cc, is a complex federal statute that in theory was written to prevent municipalities from discriminating against religious institutions in land use decisions, among other things. In practice, this shield is often...
|Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII|
Colleen G. DeRosa, Anne E. Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 9, 2016, previously published on August 25, 2016Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir. July 28, 2016). The opinion could have ended there, and perhaps it would...
|Seventh Circuit Issues Reverse Discrimination Decision|
Patrick Folley; Heyl, Royster, Voelker & Allen Professional Corporation;
August 23, 2016, previously published on August 2016On February 2, 2016, the Seventh Circuit reversed the defendant’s summary judgment regarding a construction worker’s claims of racial discrimination under Title VII, 42 U.S.C. § 2000e-2, and 42 U.S.C. § 1981 and remanded the case for further proceedings. Deets v. Massman...