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|Federal Data Security Breach Notification|
Amy Malone; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 7, 2014, previously published on February 5, 2014Data privacy legislation has been introduced regularly, but has yet to pass, could this be the year? The recent breaches at Target and Neiman Marcus have drawn national attention and may be the impetus needed to pass the legislation. Currently two bills addressing data breaches have been introduced...
|Precedent-Setting Defeat of Americans with Disabilities Act Lawsuit Against Bank's ATM Operations|
Waller Lansden Dortch Davis LLP;
February 6, 2014, previously published on February 3, 2014Scoring a win against a pandemic of class actions, Cadence Bank defeated a putative class action that had accused the bank of indifference to the Americans with Disabilities Act at its ATMs. The Plaintiff alleged that an ATM at one branch was not accessible, as required by standards that the...
|“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries|
D. Earl Baggett, J. Nelson Wilkinson; Williams Mullen;
February 3, 2014, previously published on January 29, 2014On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to screen applicants based on their criminal...
|Can an Employee Consent to Sexual Harassment at Work?|
Larry Page; Davis LLP;
January 31, 2014, previously published on January 29, 2014A recent decision of the British Columbia Human Rights Tribunal (2013 BCHRT 289) dealt with a complaint by Adele Kafer that she had been subjected to sexual harassment in her employment at Sleep Country Canada.
|New Human Rights Decision Provides Guidance on Frustration of Contract|
Benjamin T. Aberant; McCarthy Tétrault LLP;
January 31, 2014, previously published on January 21, 2014We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not...
|Is Your Organization AODA Compliant? New Obligations under the Accessibility for Ontarians with Disabilities Act|
Brittany Taylor; Davis LLP;
January 31, 2014, previously published on January 29, 2014It’s the start of a new year, which means some organizations as of January 1, 2014 have additional requirements to meet under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”).
|New York City Pregnancy Discrimination Law Becomes Effective on January 30: Are You Prepared?|
Goldberg Segalla LLP;
January 24, 2014, previously published on January 17, 2014Employers in New York City are reminded to prepare for a new addition to the New York City Human Rights Law (NYCHRL), effective January 30, which requires employers with four or more employees to provide reasonable accommodations for pregnant employees and employees with pregnancy- or...
|New York City Human Rights Law Expands Duty to Accommodate Pregnant Employees|
Daniel L. Schwartz, Basil C. Sitaras; Day Pitney LLP;
January 21, 2014, previously published on January 16, 2014On January 30, an expansion to the New York City Human Rights Law to include pregnancy discrimination will go into effect. Under the new law, NYC employers with four or more employees will have a duty to provide reasonable accommodations to pregnant women and those who suffer medical conditions...
|Beauty Pageant Case Provides Example of Welcomed Use of Summary Hearings by the Human Rights Tribunal|
Benjamin T. Aberant, Daniel Pugen; McCarthy Tétrault LLP;
January 15, 2014, previously published on January 8, 2014Back in April 2013, we reported on a Human Rights Tribunal (the Tribunal) decision where a summary hearing was granted and an application was dismissed as having no reasonable prospect of success. A newly released decision involving a beauty pageant demonstrates the Tribunal’s increasing and...
|Karzon v. AT&T, Inc. - Electronic Review of an Arbitration Agreement Can Mean Missouri Human Rights Act Claims Must Be Arbitrated|
McMahon Berger A Professional Corporation;
January 13, 2014, previously published on January 10, 2014On January 7, 2014, Judge Carol Jackson granted AT&T’s motion to compel arbitration based on its argument that the employee failed to opt out of its Management Arbitration Agreement linked to an email sent out in 2011. http://hr.cch.com/ELD/KarzonAT&T.pdf. Mr. Karzon had received an e-mail on...