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|Proposed ‘Ban the Box’ Legislation Would Limit Criminal History Inquiries by Federal Contractors|
Susan M. Corcoran, Garen E. Dodge, Richard I. Greenberg; Jackson Lewis P.C.;
September 21, 2015, previously published on September 17, 2015Bills pending in both houses of Congress would make it unlawful for most federal contractors to request a job applicant, whether orally or in writing, to disclose criminal history record information before the applicant has received a conditional offer of employment.
|What is Needed for You to Have a "Disability" that is Protected by Human Rights Legislation?|
Hugh J.D. McPhail; McLennan Ross LLP;
September 11, 2015, previously published on September 9, 2015A decision rendered a few months ago by the Alberta Court of Queen's Bench has provided some helpful guidance on a question that frequently arises from our employer clients. Does a relatively minor ailment or series of medical problems amount to a "physical disability" that deserves human...
|ADA Website Cases Filed in Federal Court in Pittsburgh, with More Likely to Follow|
J. Colin Knisely; Duane Morris LLP;
September 4, 2015, previously published on August 24, 2015In the past three weeks, Pittsburgh-based law firm, Carlson Lynch, which was responsible for filing hundreds of Americans with Disabilities Act (ADA) ATM class action lawsuits nationwide, has filed four ADA website lawsuits in federal district court in Pittsburgh. One of the lawsuits was filed...
|Retailers Should Heed Supreme Court Guidance On Religion|
Edward F. Harold; Fisher & Phillips LLP;
September 4, 2015, previously published on September 1, 2015 Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch). The company believed the applicant’s religion would require her to wear a hijab, which it concluded...
|Traffic Dangers Your Child May Face Walking to School|
Cooper Levenson P.A.;
September 2, 2015, previously published on August 21, 2015Summer is now over, much to the dismay of children everywhere. As kids in Atlantic City start school again, many will walk to their schools or bus stops. Walking is great exercise for children, especially since so many spend a lot of time indoors these days. However, walking to and from school can...
|NYC Credit Check Law Takes Effect|
Daniel W. Morris; Clifton Budd & DeMaria, LLP;
August 28, 2015, previously published on August 28, 2015Earlier this year, we wrote regarding an amendment to the New York City Human Rights Law that makes it unlawful for an employer to use an individual's credit history to make employment decisions. The law goes into effect on September 3.
|Threat of Identity Theft is Enough for Your Consumers to Sue|
James J. Giszczak, Sara Hutchins Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
August 10, 2015, previously published on August 3, 2015In the recent decision on Remijas v. Neiman Marcus Group, LLC, No. 14-3122, the 7th U.S. Circuit Court of Appeals held that the likely threat of identity theft is enough for a class of customers who had their personal information exposed in a data breach to have standing to sue the company that got...
|Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches|
Breton Leone-Quick; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 10, 2015, previously published on August 4, 2015Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more prevalent and represent a primary source of concern for data...
|New York City Enacts “Ban the Box” Legislation|
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 23, 2015, previously published on July 16, 2015As we previously reported, the New York City Council recently passed the Fair Chance Act (Intro No. 318-A, 2014) that—among other requirements—prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. As expected, on June 29, 2015, New...
|Damage Cap under Political Subdivision Tort Claims Act Applies to Each Local Agency Defendant, Not in the Aggregate, when there is More than One Local Agency Found Liable|
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on July 6, 2015The plaintiff homeowner association, owner of a pond created by an earthen embankment dam, brought claims of negligence and violations of the Storm Water Management Act (SWMA), 32 P.S. §§680.1-680.17 against the defendant township and school district. The school district built a sports...