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|Seventh Circuit Issues Reverse Discrimination Decision|
Patrick Folley; Heyl, Royster, Voelker & Allen Professional Corporation;
August 23, 2016, previously published on August 2016On February 2, 2016, the Seventh Circuit reversed the defendant’s summary judgment regarding a construction worker’s claims of racial discrimination under Title VII, 42 U.S.C. § 2000e-2, and 42 U.S.C. § 1981 and remanded the case for further proceedings. Deets v. Massman...
|Keep It in the Bathroom - If You Can: Effects and Implications of North Carolina House Bill 2|
Ashley P. Holmes; Vandeventer Black LLP;
August 6, 2016, previously published on July 2016On March 23, 2016, the North Carolina General Assembly passed House Bill 2 (“HB2”), a bill prohibiting and limiting protections for transgender people in a variety of settings. While it is clear that the now infamous “Bathroom Bill” has become a lightning rod issue in an...
|Genetic Discrimination and Canadian Law|
Jeffrey S. Graham; Borden Ladner Gervais LLP;
August 3, 2016, previously published on July 8, 2016A number of national governments — for example, in the United States, Australia and a number of European countries — have taken legislative action to address genetic discrimination. While Canadian human rights laws, insurance laws and privacy laws do contain provisions that seek to...
|Police Officer Didn’t Commit Willful Misconduct and He is Entitled to Indemnification by the City under PA Political Subdivision Tort Claims Act, But It Does Not Absolve Him from Liability for Assault, Battery, False Imprisonment/Arrest Claims.|
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 3, 2016, previously published on July 19, 2016A Philadelphia police officer was sued in state court for assault, battery and false imprisonment arising out of his actions in striking and arresting the plaintiff during an encounter involving the plaintiff’s son. The plaintiff learned his son was being detained by police officers. When he...
|NY State Division of Human Rights Prohibits Discrimination Based on Relation or Association|
Caroline J. Berdzik, Christopher P. Maugans; Goldberg Segalla LLP;
August 3, 2016, previously published on June 10, 2016The New York State Division of Human Rights recently adopted new regulations that prohibit discrimination based on a relationship or association with members of a protected class (race, color, creed, national origin, sexual orientation, gender identity, disability, or other protected characteristic...
|Florida Broadens Its Anti-Slapp Statute, But Is It on the Verge of Death?|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016In 2000, the Florida legislature enacted Section 768.295, Fla. Stat. titled Strategic Lawsuits Against Public Participation (SLAPP). This section prohibited governmental entities from filing suit against individuals who exercise their right to peacefully assemble, instruct their representatives and...
|Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic Airports|
Lewis S. Wiener, Amy Xu; Sutherland Asbill & Brennan LLP;
July 19, 2016, previously published on July 19, 2016On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to provide blind-accessible kiosks at domestic airports. The...
|LGBT Antidiscrimination Provisions to Apply to Louisiana Contractors on July 1|
Andrew P. Burnside, Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 14, 2016, previously published on June 30, 2016Government contractors in Louisiana should take note of the upcoming effective date of the state’s recently-signed antidiscrimination law. In April of 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 - 11, which protects lesbian, gay, bisexual, and transgender...
|High Court Finds UT Austin Race-Conscious Admissions Process Constitutional|
F. Christopher Chrisbens, Thomas Dorer, Marla N. Presley, Mickey Silberman; Jackson Lewis P.C.;
July 12, 2016, previously published on June 24, 2016In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect when Ms. Fisher was denied admission in 2008, but for the third...
|New Jersey Supreme Court Bars Enforcement of Shortened Limitations Period for Discrimination Claims|
Martin W. Aron, Maggie L. Gousman; Jackson Lewis P.C.;
July 10, 2016, previously published on June 16, 2016The New Jersey Supreme Court has overturned an appellate court decision that allowed a shortened limitations period for filing discrimination claims under the New Jersey Law Against Discrimination (“LAD”). Rodriguez v. Raymours Furniture Co., Inc., No. 074603 (June 15, 2016). In a case...