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Documents on civil rights
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|New State Law Protects Unpaid Interns in the Workplace|
Morrison Cohen LLP;
August 4, 2014, previously published on July 28, 2014Civil rights and workplace protections have been extended to unpaid interns under a new state law that took effect early last week. The law was prompted by a recent dismissal of sexual harassment claims brought in federal court in New York by an unpaid intern against a company executive on the...
|Employers Should Take Advantage of Human Rights Summary Hearings|
Daniel Pugen; McCarthy Tétrault LLP;
August 4, 2014, previously published on July 23, 2014A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are...
|BC Human Rights Tribunal Issues New Rules Of Practice and Procedure|
Donovan Plomp; McCarthy Tétrault LLP;
August 2, 2014, previously published on July 30, 2014Following on its new complaint and application forms introduced earlier this year, the British Columbia Human Rights Tribunal recently issued new Rules of Practice and Procedure (the “2014 Rules”), replacing its former Rules from January 2008. The 2014 Rules are directed at reducing the...
|The Human Dignity Trust Wins Right to Be Registered As a Charity|
Withers Bergman LLP/Withers LLP;
August 2, 2014, previously published on July 31, 2014The Human Dignity Trust (HDT) first applied for charitable status in 2011. HDT’s application was rejected by the Charity Commission in June 2012, which upheld its decision in October 2013 on the basis that while promoting human rights is a charitable purpose, changing the law was not. HDT...
|A Bird’s-Eye View of the DFEH: An Interview with Patti Perez|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
August 1, 2014, previously published on July 30, 2014From defining accommodation provisions for assistive animals to calculating pregnancy disability leave, the matters addressed by California’s Department of Fair Employment and Housing (DFEH) regulations are extensive. In this interview, we chat with Patti Perez, Esq., SPHR, president and CEO...
|E.M. v. Pajaro Valley USD|
Rutan Tucker LLP;
August 1, 2014, previously published on July 2014On July 15, 2014, the United States Court of Appeals for the Ninth Circuit issued its most recent opinion regarding the Individuals with Disabilities Education Act of 2004 (“IDEA”): E.M. v. Pajaro Valley USD. The appellate court upheld the district court’s judgment in favor of...
|Supreme Court Rules Cell Phone Searches Violate Privacy Rights|
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
July 29, 2014, previously published on July 14, 2014The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...
|Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer|
Adam Pekor, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 17, 2014On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that statements concerning an employee’s “fit” for a position...
|Office of Civil Rights Ready to Launch HIPAA Audits|
Morris Polich Purdy LLP;
July 17, 2014, previously published on July 8, 2014The Office of Civil Rights (OCR) of the United States Department of Health and Human Services (HHS) has completed its pilot program and is this year rolling out audits to assess compliance with the Health Information Portability & Privacy Act (HIPAA). All Covered Entities and Business...
|US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?|
Marlon Hylton; McCarthy Tétrault LLP;
July 17, 2014, previously published on July 15, 2014Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously...