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|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...
|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.
|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...
|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...
|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
|Penalty for Violations of EEOC Employment Law Posters Doubles|
April 16, 2014, previously published on April 14, 2014The penalty for an employer’s failure to post a notice advising its employees of their rights under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act of 1990 (“ADA”) and the Genetic Information Nondiscrimination Act of 2008...
|A Check on the EEOC Attack on the Credit Check|
Jessica W. Catlow; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 16, 2014, previously published on April 14, 2014We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also been focusing on the use of credit checks in hiring decisions for...
|Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy|
Daniel C. Perkins; Fisher & Phillips LLP;
April 14, 2014, previously published on April 1, 2014In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of problems to overcome. It is no wonder that issues pertaining to...
|Rhode Island Court Considers Harassment and Discrimination Claims Involving Alleged Harasser and Victim of the Same Sex|
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 2, 2014, previously published on March 27, 2014The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged harasser and victim who are members of the same sex. The court determined...