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|Another Judge Finds that Obesity May be a “Disability” Under the ADA|
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 6, 2014Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a “disability” under the Americans with Disabilities Act.
|Not Loving It: Ontario Human Rights Tribunal Denies Attempt by Fast Food Franchisor to Extricate Itself from Complaint|
Carly Cohen; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014In Lindsey v. McDonald’s Restaurants of Canada Ltd., the Human Rights Tribunal of Ontario denied McDonald’s preliminary request that it be removed as a respondent to an application alleging discrimination by a former employee.
|Duty to Accommodate Child Care Obligations? The Federal Court of Appeal Weighs In|
Rosalie Cress; McCarthy Tetrault LLP;
May 12, 2014, previously published on May 9, 2014What is an employer’s duty to accommodate an employee’s child care obligations? This topic continues to be a hot one in the workplace, as employers try to balance the need to retain talent and ensure a productive workplace.
|But You’re Not a Person of Color—You’re Asian|
Gillian P. Yee; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 6, 2014, previously published on May 2, 2014Growing up in an affluent, mostly white suburb of Detroit, I never really embraced my diversity. I knew that I was different from my schoolmates and friends, but I didn’t think much about it. Sure, I took Chinese lessons every week in Canada and had a cool mom who came in every year for...
|Obama Administration Releases Names of Colleges and Universities Facing Sexual Assault Investigations|
Stuart D. Tochner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
May 6, 2014, previously published on May 2, 2014 On May 1, the U.S. Department of Education released the names of 55 colleges and universities being investigated for their handling of sexual assault complaints.
|A Summary of Human Trafficking Compliance Challenges|
Lewis Baach PLLC;
May 2, 2014, previously published on April 2014For the last several years, presidential proclamations declared January to be National Slavery and Human Trafficking Prevention Month. This past January, President Obama asked us “to recognize the vital role we can play in ending all forms of slavery.” As lawyers trained to spot issues,...
|Florida Civil Rights Act Prohibits Pregnancy Discrimination, Florida Supreme Court Rules|
Maria Elena Abate; Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
April 29, 2014, previously published on April 23, 2014In a 6-1 ruling on April 17, 2014, Florida's Supreme Court confirmed that the sex discrimination provision of the Florida Civil Rights Act ("FRCA") also prevents employers from discriminating based on the condition of pregnancy.
|Civil Rights Action nor Miranda Violation not Barred if Conviction Reversed|
Tamara Bogosian, Paul A. Cappitelli, G. Ross Trindle; Best Best & Krieger LLP;
April 28, 2014, previously published on April 21, 2014Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at his second trial, whose first murder conviction was reversed based upon Fifth Amendment violations in his first trial, is not barred from filing a civil rights action. The court reasoned that...
|Tennessee Employment Litigation Reform Bill Heads for Governor’s Desk|
Jackson Lewis P.C.;
April 28, 2014, previously published on April 22, 2014Business-friendly Tennessee, known for its low business taxes and minimal red tape, is on track to be even friendlier if Governor Bill Haslam signs a bill removing liability for employment discrimination from individual supervisors or agents under the Tennessee Human Rights Act and limiting...
|Ontario Human Rights Commission Releases New Policy on Gender Identity and Gender Expression|
Benjamin T. Aberant; McCarthy Tétrault LLP;
April 25, 2014, previously published on April 16, 2014On April 15, the Ontario Human Rights Commission (the Commission) published a new comprehensive policy entitled Policy on preventing discrimination because of Gender Identity and Gender Expression. According to the Commission, the policy