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HTMLEmployers Should Take Advantage of Human Rights Summary Hearings
Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
August 4, 2014, previously published on July 23, 2014
A 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...


Adobe PDFNew State Law Protects Unpaid Interns in the Workplace
Morrison Cohen LLP;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Civil 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...


HTMLExecutive Order Protects Federal Contractor LGBT Workers
Cheryl L. Behymer; Fisher & Phillips LLP;
Legal Alert/Article
August 4, 2014, previously published on July 22, 2014
Yesterday President Obama issued an Executive Order extending antidiscrimination protection on the basis of sexual orientation and gender identity, as well as including these categories in affirmative action requirements. Regarding the federal contractor obligations, the Secretary of Labor will...


HTMLThe Human Dignity Trust Wins Right to Be Registered As a Charity
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 31, 2014
The 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...


HTMLBC Human Rights Tribunal Issues New Rules Of Practice and Procedure
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
August 2, 2014, previously published on July 30, 2014
Following 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...


HTMLA Bird’s-Eye View of the DFEH: An Interview with Patti Perez
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
From 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...


Adobe PDFE.M. v. Pajaro Valley USD
Rutan Tucker LLP;
Legal Alert/Article
August 1, 2014, previously published on July 2014
On 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...


HTMLSupreme Court Rules Cell Phone Searches Violate Privacy Rights
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
Legal Alert/Article
July 29, 2014, previously published on July 14, 2014
The 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...


HTMLSecond Circuit Finds Possible Pretext in Vague Justification for Non-Transfer
Adam Pekor, Kevin J. Smith; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
On 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...


Adobe PDFOffice of Civil Rights Ready to Launch HIPAA Audits
Morris Polich Purdy LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The 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...


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