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Documents on Civil Rights
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|Human Rights Tribunal Asks Complainant to Pay Respondent’s Legal Costs|
Maggie Campbell; Davis LLP;
September 1, 2014, previously published on August 27, 2014On August 15, 2014, the BC Human Rights Tribunal (the “Tribunal”) released its decision in Ma v. Dr. Iain G.M. Cleator and another, 2014 BCHRT 180 (“Cleator”), where it ordered the complainant to pay a portion of the respondent’s costs. In doing so, the Tribunal sent a...
|Best Practices to Follow When Creating or Revising an Employee Handbook|
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
August 22, 2014, previously published on August 12, 2014An employee handbook is one of the most important tools employers have to communicate with employees about important workplace issues and can serve as an excellent defense to claims. While many employers have handbooks, the creation of a handbook is too often seen as a one-time event, as opposed to...
|New Jersey Governor Christie Signs Ban the Box Law|
Mark Diana, Steven J. Luckner, Jocelyn A. Merced, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 18, 2014, previously published on August 12, 2014On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited from asking criminal conviction...
|Governor Cuomo Signs Bill Giving New York Interns Workplace Protection|
Goldberg Segalla LLP;
August 7, 2014, previously published on August 6, 2014On July 22, 2014, New York Governor Andrew Cuomo signed legislation giving interns in New York State protections from sexual harassment and discrimination in the workplace similar to those given to regular workers. The amendment to the state’s Human Rights Law clarifies the status of interns...
|Privacy: what laws apply in Atlantic Canada?|
Ian C. Wallace; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of...
|Governor Cuomo Signs Bill Extending Discrimination Protections to Unpaid Interns|
Hancock Estabrook LLP;
August 6, 2014, previously published on August 2014On July 22, 2014, New York Governor Andrew Cuomo signed legislation that provides unpaid interns with the same protections as paid employees under the New York State Human Rights Law. Under the new law, which is effective immediately, interns may not be discriminated against with respect to hiring,...
|Iowa Supreme Court Affirms Defense Verdict in Disparate-Impact Employment Discrimination Case Against State|
Amanda M. Atherton; Nyemaster Goode, P.C.;
August 6, 2014, previously published on July 25, 2014Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented by twenty-three...
|Employer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 5, 2014, previously published on August 1, 2014The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...
|New State Law Protects Unpaid Interns in the Workplace|
Morrison Cohen LLP;
August 4, 2014, previously published on July 28, 2014Civil 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...
|Employers Should Take Advantage of Human Rights Summary Hearings|
Daniel Pugen; McCarthy Tétrault LLP;
August 4, 2014, previously published on July 23, 2014A 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...