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|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...
|Keep It in the Bathroom - If You Can: Effects and Implications of North Carolina House Bill 2|
Ashley P. Holmes; Vandeventer Black LLP;
August 6, 2016, previously published on July 2016On March 23, 2016, the North Carolina General Assembly passed House Bill 2 (“HB2”), a bill prohibiting and limiting protections for transgender people in a variety of settings. While it is clear that the now infamous “Bathroom Bill” has become a lightning rod issue in an...
|NY State Division of Human Rights Prohibits Discrimination Based on Relation or Association|
Caroline J. Berdzik, Christopher P. Maugans; Goldberg Segalla LLP;
August 3, 2016, previously published on June 10, 2016The New York State Division of Human Rights recently adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class (race, color, creed, national origin, sexual orientation, gender identity, disability, or other protected characteristic...
|Genetic Discrimination and Canadian Law|
Jeffrey S. Graham; Borden Ladner Gervais LLP;
August 3, 2016, previously published on July 8, 2016A number of national governments — for example, in the United States, Australia and a number of European countries — have taken legislative action to address genetic discrimination. While Canadian human rights laws, insurance laws and privacy laws do contain provisions that seek to...
|Police Officer Didn’t Commit Willful Misconduct and He is Entitled to Indemnification by the City under PA Political Subdivision Tort Claims Act, But It Does Not Absolve Him from Liability for Assault, Battery, False Imprisonment/Arrest Claims.|
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016A Philadelphia police officer was sued in state court for assault, battery and false imprisonment arising out of his actions in striking and arresting the plaintiff during an encounter involving the plaintiff’s son. The plaintiff learned his son was being detained by police officers. When he...
|Florida Broadens Its Anti-Slapp Statute, But Is It on the Verge of Death?|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016In 2000, the Florida legislature enacted Section 768.295, Fla. Stat. titled Strategic Lawsuits Against Public Participation (SLAPP). This section prohibited governmental entities from filing suit against individuals who exercise their right to peacefully assemble, instruct their representatives and...