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|Senate Passes Special Needs Trust Fairness Act; Focus Shifts to House|
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
October 22, 2015, previously published on October 2015The Senate has unanimously approved the Special Needs Trust Fairness Act, a bill that would allow people with disabilities to create their own first-party special needs trusts without having to rely on others.
|Diversity Programs in Canada|
Jordan W. Charness; Wong Fleming;
October 16, 2015, previously published on September 2015The Canadian Constitution was amended in 1982, introducing a new piece of legislation, the Canada Act, which includes the now famous Canadian Charter of Rights and Freedoms.
|Human Rights Commission to New York City Employers: Be Wary of Consulting Credit Histories|
Loeb Loeb LLP;
October 15, 2015, previously published on October 2015Businesses operating in New York City may already be aware that the Stop Credit Discrimination in Employment Act (read the full text here), which took effect on September 3, 2015, generally prohibits employers from considering an individual’s credit history for employment purposes. In a...
|New Procedures at Connecticut Commission on Human Rights and Opportunities|
Anna Matsuo, James F. Shea; Jackson Lewis P.C.;
October 12, 2015, previously published on October 5, 2015For the second time in five years, the Connecticut Commission on Human Rights and Opportunities (CHRO) will implement significant changes to its procedures for processing discrimination complaints, under Public Acts 15-249 and 15-5. These changes, including the availability of quick dispute...
|Education Assistant's Human Rights Application Dismissed as No Reasonable Prospect of Success|
Stephanie Young; Borden Ladner Gervais LLP;
October 8, 2015, previously published on September 30, 2015In a decision dated April 21, 2015, the Human Rights Tribunal of Ontario dismissed an application brought by an Education Assistant against the York Region District School Board on a preliminary basis as the application had “no reasonable prospect of success.”
|Model Home, Jobsite and Communication Compliance Under the Americans with Disabilities Act|
Daniel A. Berman, Hoyt S. Neal; Wood, Smith, Henning & Berman LLP;
September 25, 2015, previously published on September 23, 2015The Americans with Disabilities Act (ADA) is touted as one of America’s most comprehensive pieces of civil rights legislation. The Act prohibits discrimination and guarantees that people with disabilities have the same opportunities to participate in mainstream American life. The primary...
|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...
|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...
|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...