Would you like to be alerted of new articles on Civil Rights? Check out LawKT Premium. Law Firm Publications on Civil Rights [See Also: News Articles] Last update: Mar 19, 2007 Cooley Godward: Forum Selection Clause in eBay User Agreement Enforced ...  Sep 28, 2006 Cooley Godward Kronish LLP | News cations | In The News | Forum Selection Clause in eBay User Agreement Enforced in Civil Rights Suit Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 09/28/06Forum Selection Clause in eBay User Agreement Enforced in Civil Rights SuitThe forum selection clause in eBay, Inc.'s user agreement, which requires all lawsuits arising out of the user Gibbons: Employment & Labor Law Alert  Nov 17, 2005 Employment Law Alert body { font-family: "Arial"; } table { font-family: "Arial"; } GIBBONS, DEL DEO, DOLAN, GRIFFINGER IONE, P.C. Representing Management on All Aspects of Employment and Labor Law You are invited to attend Responding to Charges Filed with the EEOC and NJ Division of Civil Rights An insider's view for human resource professionals and in-house counsel November 17, 2005 8:30 am - Breakfast 9:00 - 11:00 am - Program Gibbons Newark Office One Riverfront Plaza, 16th Floor Newark, New Winstead: Karey Nalle Oddo  Sep 19, 2005 Real estate litigation including claims involving title and easement disputes, wrongful foreclosure, improper liens, landlord/tenant disputes and property rights Various business litigation matters including deceptive trade practices, contracts, trademarks, securities and business torts Environmental litigation, administrative and legislative matters Banking and collection issues Labor and employment disputes including Title VII and other civil rights claims Appellate matters Baylor University Sills Cummis: 2005g July Alert.pdf  Jul 01, 2005 Title VII Title VII of the Civil Rights Act of 1964 ("Title VII") prohibits discrimination on the basis of race, color, religion, sex, or national origin, and prohibits an employer from retaliating against an employee who complains about such discrimination. The Court held that "an apportionment and award of fees to Jenne for the defense of Quintana's retaliation claim is necessary." In reaching this holding, the Quintana Court considered a previous case that it had decided, in which a district Dinsmore & Shohl: The United States Supreme Court Allows Disparate Impact...  Apr 26, 2005 The suit raised the question whether the disparate impact theory of recovery announced in Griggs v. Duke Power Co., 401 U.S. 24 (1971), for cases brought under Title VII of the Civil Rights Act of 1964 is cognizable under the ADEA. In Griggs, the Supreme Court found that Title VII did not require a showing of discriminatory intent. 2003 Dinsmore & Shohl LLP. All rights reserved Gibbons: Sixth Circuit Upholds Contractual Statue of Limitations...  Mar 15, 2005 On September 29, 1999, plaintiff filed a statement of concern with the Michigan Department of Civil Rights claiming harassment owing to the conduct of Pittman. Her suit charged DaimlerChrysler with violations of the Michigan Elliot Larsen Civil Rights Act, Title VII and 42 U.S.C. Section 1981 and asserted various state law tort claims against Pittman Seyfarth Shaw: One Minute Memo: Illinois Passes New Anti-Discriminatio...  Jan 14, 2005 Dinsmore & Shohl: Recent Developments in the Taxability of Damage Awards  Jan 04, 2005 Section 703 of the Act is entitled Civil Rights Tax Relief. This includes well known federal civil rights legislation, including Title VII, the Age Discrimination in Employment Act of 1973, the Fair Labor Standards Act, Title IX of the Education Amendments of 1972, the Family Medical Leave Act, and the Americans with Disabilities Act Dorsey & Whitney: New Law Ends Double Taxation of Attorney???s Fees in Di...  Nov 05, 2004 On October 22, 2004 President Bush signed into law the American Jobs Creation Act of 2004 which includes the Civil Rights Tax Relief Act (the Act). The Civil Rights Tax Relief Act becomes effectively immediately Morrison: Insurance Newsletter - 10/29/04  Oct 28, 2004 Idaho Supreme Court rules that EEOC complaint is subject to civil rights exclusion in GL policy. Pennsylvania Superior Court refuses to require homeowner's or umbrella insurers to provide coverage for serial killer Gibbons: Congress Passes Bill Permitting Plaintiffs Who Recover ...  Oct 22, 2004 The New Provision Section 703 ("Civil Rights Tax Relief") of the bill passed by Congress provides an above-the-line deduction for attorneys fees and costs paid by, or on behalf of, the taxpayer in connection with any action involving a claim of unlawful discrimination and other types of claims, meaning that the taxpayer will be able to reduce his adjusted gross income by the amount of the attorneys fees, provided that "the deduction [is not] in excess of the amount includible in the taxpayer's Gibbons: Decision by DCR Adverse to Employee Requires Court to D...  Oct 22, 2004 Thereafter, he filed a claim with the New Jersey Division on Civil Rights ("DCR") seeking redress for unlawful discharge and discrimination. Rather, on September 19, 2003, Chugh filed a complaint in the United States District Court for the District of New Jersey alleging violations of the Civil Rights Act of 1966, 42 U.S.C. § 1981 ("Section 1981"); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), et seq McDermott: James J. Marcellino  Oct 01, 2004 James law-related activities include his serving as president of the Boston Bar Association (1993 94) and a trustee of the BBA s Lawyers Committee for Civil Rights Under the Law. EDUCATION Boston College Law School, J.D., 1968 Boston University, M.B.A., 1976 College of the Holy Cross, B.A., 1965 PRACTICE AREAS TRIES Copyrights Intellectual Property IP - Litigation Patent Prosecution Trade Secrets Trademarks r Competition Trial RESOURCES Events Media Mentions Press Releases Publications Sills Cummis: E&L Alert October 2004.pdf  Oct 01, 2004 Although the new law expressly applies to attorney fees and costs incurred in civil rights litigation, its broad language covers other types of employment cases as well. Under the catchall provision, "unlawful discrimination" includes acts unlawful under "[a]ny provision of Federal, State, or local law, or common law claims permitted under Federal, State, or local law ... (i) providing for the enforcement of civil rights, or (ii) regulating any aspect of the employment relationship, including Blank Rome: The Latest Developments In Privacy & Security  Sep 28, 2004 ...htm CALIFORNIA PERMITS SPAM SUITS California has enacted a law clarifying private rights of action against anti-spam law violators. nsf/is/a0a9v3z4t1 (paid subscription required) NO HIPAA FINES TO DATE The federal agency charged with enforcing the privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), the Office of Civil Rights of the Department of Health and Human Services, to date has levied no monetary fines for infractions of the rules Dinsmore & Shohl: Labor & Employment Law Legal Alert - July 2004  Jul 14, 2004 With the enactment of the Civil Rights Act of 1991, Congress expanded the remedies available for a number of employment discrimination statutes, including the ADA. The Civil Rights Act of 1991 expanded the remedies available for certain listed claims to include compensatory and punitive damages. The Seventh Circuit disagreed with a number of district courts about the interpretation of the Civil Rights Act of 1991 Haynes and Boone: 6/1/2004 - HIPAA Privacy Compliance  Jun 01, 2004 Representatives from the Office for Civil Rights recently stated that they are receiving approximately 100 complaints per week. HHS received 6,400 complaints through the end of May McDermott: U.S. Agencies Propose Guidance on Electronic Job Applic...  Mar 09, 2004 Poyner and Spruill: Federal Court Finds No Violation of Constitutional Righ...  Feb 09, 2004 Federal Court Finds No Violation of Constitutional Rights of Employee Fired for Posting Biblical Verses in Protest of Employer’s Diversity Program Print this Page Federal Court Finds No Violation of Constitutional Rights of Employee Fired for Posting Biblical Verses in Protest of Employer’s Diversity Program February 9, 2004 A former employee of Hewlett-Packard sued the company after he was fired, alleging that the company discriminated against him on the basis of religion when it fired him Miller Canfield: U.S. Supreme Court Holds that the ADEA does not Prohibi...  Feb 01, 2004 McDermott: Employers May Require Employees to Sign Arbitration Agr...  Oct 28, 2003 1998), which had wrongfully held that the Civil Rights Act of 1991 precluded mandatory arbitration of Title VII claims. The plaintiff refused to sign the arbitration provision because he believed that he needed to retain his "civil liberties, including the right to a jury trial and redress of grievances through the governmental process." The law firm told the plaintiff that the arbitration agreement was a non-negotiable condition of employment and, therefore, refused to hire him Gibbons: At-Will Employees have Cause of Action Under 42 U.S.C. ...  Oct 08, 2003 Congress, in response to the Supreme Court's narrow interpretation of Section 1981, effectively overruled Patterson by broadening the definition of the phrase "make and enforce contracts" in the Civil Rights Act of 1991. Since the enactment of the Civil Rights Act of 1991, therefore, it has been clear that Section 1981 prohibits discrimination in contractual relationships beyond contract formation Sheppard Mullin: The Ninth Circuit Overrules Itself: Employers May Now U...  Oct 06, 2003 Ninth Circuit allows use of mandatory arbitration to resolve complaints of civil rights violations in the workplace. Back Poyner and Spruill: Fourth Circuit Court of Appeals Points Out Defects in S...  Aug 11, 2003 In Ocheltree v. Scollon Productions, Incorporated, the plaintiff sued her employer, Scollon Productions, Incorporated ("Scollon"), under Title VII of the Civil Rights Act of 1964. The plaintiff alleged that she had experienced sex discrimination and retaliation in the workplace McDermott: U.S. Supreme Court Makes Job Bias Easier to Prove  Jun 19, 2003 The issue before the Supreme Court was the proper burden of proof under Title VII of the Civil Rights Act in a "mixed-motive" case, i.e., where both legitimate and illegitimate reasons are alleged to have contributed to the employment decision. Ms. Costa filed lawsuit asserting claims of sex discrimination under Title VII of the Civil Rights Act McDermott: U.S. Supreme Court Makes Job Bias Easier to Prove  Jun 19, 2003 The issue before the Supreme Court was the proper burden of proof under Title VII of the Civil Rights Act in a "mixed-motive" case, i.e., where both legitimate and illegitimate reasons are alleged to have contributed to the employment decision. Ms. Costa filed lawsuit asserting claims of sex discrimination under Title VII of the Civil Rights Act Goodwin Procter: Laface Takes the Bus Back to District Court in Rosa Par...  Jun 10, 2003 It dismissed LaFace's argument that Parks does not have trademark rights in her name, as her commercial activities and international recognition as a symbol of the civil rights movement afford her with such rights. If the "Rosa Parks" title was chosen solely to attract attention to a song that has nothing to do with the civil rights activist, and not also, as LaFace claims, for artistic reasons, then Parks must prevail on her right of publicity claim Vandeventer Black: Employers May Limit "Free Speech" In Private ...  Jun 01, 2003 The employer’s policy was established to comply with Title VII of the Civil Rights Act, which prohibits discrimination and harassment in the workplace based on sex, race, national origin, religion, and color. Copyright 2003, Vandeventer Black LLP. All rights reserved Miller Canfield: Michigan Supreme Court Holds that Gender-Based Conduct ...  Jun 01, 2003 The Court based its ruling on the express statutory language found in Michigan’s Elliott-Larsen Civil Rights Act (ELCRA). This statute defines "discrimination because of sex" as including sexual harassment Harris Beach: New Prohibitions on Sexual Orientation Discrimination  Jan 29, 2003 The Sexual Orientation Non-Discrimination Act (SONDA) amends the New York State Human Rights Law, section 296, to prohibit discrimination on the basis of sexual orientation in employment, housing, public accommodations, education and credit. The law does not amend section 296(11) of the Human Rights Law, which applies to religious or denominational institutions or organizations Haynes and Boone: 1/14/2003 - HIPAA's Privacy Regulations as Finally...  Jan 14, 2003 This outline also considers the impact of the guidance issued by the Office of Civil Rights of the Department of Health and Human Services on December 4, 2002. Download a PDF of the complete publicationNeed Adobe Acrobat (pdf) Reader Proskauer Rose: Winter 2003  Jan 01, 2003 Proskauer Rose: Fall 2002  Oct 01, 2002 McDermott: Law Increases Limitations Period for Filing MCAD Claims  Sep 01, 2002 The new law brings the state provision in sync with the statute of limitations for the same claims under Title VII of the Civil Rights Act of 1964. Aside from the obvious impact of opening the door to increased discrimination claims, the new law could have tremendous impact on Massachusetts employers in several different spheres McDermott: Law Increases Limitations Period for Filing MCAD Claims  Sep 01, 2002 The new law brings the state provision in sync with the statute of limitations for the same claims under Title VII of the Civil Rights Act of 1964. Aside from the obvious impact of opening the door to increased discrimination claims, the new law could have tremendous impact on Massachusetts employers in several different spheres Reinhart Boerner Van Deuren: Additional HIPAA Privacy Guidance Issued By The Office ...  Aug 29, 2002 ADDITIONAL HIPAA PRIVACY GUIDANCE ISSUED BY THE OFFICE OF CIVIL RIGHTS By Meg S.L. Pekarske On December 4, 2002, the Office of Civil Rights ("OCR") issued additional guidance on the HIPAA Privacy Rule entitled "OCR Guidance Explaining Significant Aspects of the Privacy Rule" (the "Guidance"). Reinhart Boerner Van Deuren s.c. 2002 All Rights Reserved This communication may be considered advertising in some jurisdictions Dykema Gossett: News Flash: The Michigan Court of Appeals Rules That Su...  Aug 01, 2002 NEWS FLASH THE MICHIGAN COURT OF APPEALS RULES THAT SUPERVISORS CANNOT BE HELD INDIVIDUALLY LIABLE UNDER MICHIGAN'S CIVIL RIGHTS ACT. In Jager v. Nationwide Truck Brokers, Inc., the Michigan Court of Appeals recently ruled that supervisors cannot be held individually liable for violating a plaintiff's civil rights under Michigan's Elliot-Larsen Civil Rights Act (the "CRA") Gibbons: Supreme Court Declines to Cap Front Pay Awards under Ti...  Jul 22, 2002 Gibbons, Del Deo, Dolan, Griffinger ione Articles Supreme Court Declines to Cap Front Pay Awards under Title VII By The Employment and Labor Law Department In workplace discrimination cases, Title VII of the Civil Rights Act of 1964 has traditionally afforded remedies such as injunctions, reinstatement, backpay, lost benefits and attorney's fees. The Civil Rights Act of 1991 further expanded the scope of available remedies to include compensatory as well as punitive damages Morrison: New Hampshire Law Update - 07/16/02  Jul 16, 2002 Long & Levitt: Phillips v. St Mary?s Regional Medical Center C.A. 4th ...  Jul 15, 2002 In his first amended complaint, Phillips cited FEHA, Article I, Section 8, of the California Constitution ("Section 8") and Title VII of the Civil Rights Act of 1964 ("Title VII") as manifesting public policies that were violated by his termination. The Court concluded otherwise, stating that FEHA was not intended to be the only remedy for civil rights violations and that Congress intended the greatest protection possible for victims of employment discrimination Cohen & Wolf: Arbitration Clauses May Not Provide the Protections  Jul 01, 2002 2004 Cohen and Wolf, P.C. All rights reserved Bryan Cave: Arizona Legislative Update: Amendments To The Arizona C...  Jun 01, 2002 Arizona Legislative Update: Amendments To The Arizona Civil Rights Act. The most far-reaching of these proposals would have expanded the damages and remedies afforded employees under the Arizona Civil Rights Act, A.R.S. § 41-1461, et seq McGlinchey Stafford: Backlash Stats (national origin discrimination)  Jun 01, 2002 In addition, the justice Department’s Civil Rights Division, FBI and U.S. Attorneys’ offices have handled over 250 incidents involving violence or threats against individuals who are –- or who are perceived to be –- members of or affiliated with Arab, Muslim, Middle-Eastern, South Asian or Sikh communities. The increase in claims has drawn the attention of federal officials, and a first-ever campaign has been launched to stem the rise Gibbons: The Seventh Circuit Rejects Arbitration Agreement Requi...  May 29, 2002 Gibbons, Del Deo, Dolan, Griffinger ione Articles The Seventh Circuit Rejects Arbitration Agreement RequiringEmployees to Pay Legal Fees in Civil Rights Actions By Eileen Quinn Steiner Overview Plaintiff, Gloria McCaskill, alleged that her employer, SCI Management Corporation, terminated her in violation of Title VII. The plaintiff alleged she was denied compensation and eventually terminated for forwarding allegations of sexual harassment to her supervisor and a general manager. The plaintiff Hill Farrer & Burrill: Invalid Non-Competition Agreement Proves Costly  Apr 01, 2002 2001 by Hill Farrer ll LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution Hill Farrer & Burrill: California Court Rules That Claim Exists For Failure To...  Apr 01, 2002 The court held that because the agreement at issue was between private parties, there was no constitutional bar to requiring employees to agree in advance to arbitrate state law tort and contract claims (other than for violation of state civil rights laws). 2001 by Hill Farrer ll LLP. All rights reserved Marshall Dennehey: THE ANATOMY OF A CIVIL RIGHTS MALICIOUS PROSECUTION CLA...  Mar 01, 2002 McGlinchey Stafford: Crying Wolf (federal appointments)  Mar 01, 2002 The Citizens’ Commission on Civil Rights, established in 1982 to monitor civil rights policies of the federal government, published a 350-page report analyzing various areas of civil rights, including employment education, housing and the courts. Judicial nominations are “emphatically” the issue of primary concern to the civil rights group Harris Beach: The National Labor Relations Act Protects Certain Emplo...  Feb 04, 2002 The NLRB’s decision in Asplundh Tree Expert Co. should serve as a reminder to all American companies with employees working abroad to consider the extraterritorial effects of all domestic labor and employment laws - such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Worker Adjustment and Retraining Notification Act (WARN), as well as the National Labor Relations Act. If you have questions Arent Fox: Proposed Rulemakings Forthcoming On HIPAA Privacy Stand...  Jan 22, 2002 Finally, representatives of HHS's Office of Civil Rights ("OCR"), the office in charge of enforcing the privacy standards, has also indicated that it will be publishing an enforcement rule in the near future. Under the privacy standards, the OCR has the power to audit providers on their compliance with the standards, impose civil penalties for noncompliance, and refer cases to the Department of Justice for criminal prosecution McGlinchey Stafford: Everybody?s Doing It (layoffs and disparate impact)  Dec 01, 2001 Last month Congress passed a broad economic stimulus bill that included provisions to expand unemployment insurance and health care benefits for laid-off workers, but in spite of administrative commendations, labor and civil rights groups had harsh criticism for the measures. Regardless of the rhetoric on either side, the country, according to recent Wall Street Journal reports, has officially gone into recession Marshall Dennehey: Car Stops and Racial Profiling  Dec 01, 2001 McGlinchey Stafford: On the Record (discrimination)  Oct 01, 2001 Testa: Recent Events Put Anti-Discrimination Policies to the T...  Sep 24, 2001 Title VII of the Civil Rights Act of 1964 and most state anti-discrimination statutes, including the statute in Massachusetts, forbid discrimination in the workplace on the basis of an employee’s national origin or religion. Despite having all the appropriate policies and posters in place, there are several ways a company may face exposure under these anti-discrimination statutes for its employees’ rogue behavior McGlinchey Stafford: From the EEOC (racial harassment)  Sep 01, 2001 The EEOC suit was filed under Title VII of the Civil Rights Act of 1964, and alleged retaliation and unlawful discharge, in addition to racial harassment. It claimed that the administrator in question pursued a flagrant campaign against the facility’s predominantly black workforce during 1993 and 1994, frequently using racial slurs in referring to black employees, and ordering white supervisors and charge nurses to discipline black employees without cause McGlinchey Stafford: Quiet on the Labor Front (national labor outlook)  Sep 01, 2001 Speakers at the American Bar Association’s Section of Labor and Employment Law said the patients’ bill of rights is the only major piece of legislation affecting workers and employers that will see major debate, and considerations of only a few side issues are likely to arise, such as efforts to expand the Family and Medical Leave Act, and privacy in the workplace. With the return of the Senate majority to Democratic control, Johnson said the chamber intends to be vigilant about developments McGlinchey Stafford: Not Without a Challenge (arbitration)  Aug 01, 2001 The proposed Preservation of Civil Rights Protections Act (H.R. 2282) would amend the FAA to make employment arbitration agreements unenforceable unless the employee and employer both voluntarily consent to arbitrate a claim after it has arisen. It has been endorsed by civil rights, legal, labor, and other organizations, including the Leadership Conference on Civil Rights and the National Organization for Women McGlinchey Stafford: Insufficient Response (compensatory damages)  Jul 01, 2001 Money awarded for either lost compensation while a case is being decided or payment in lieu of reinstatement to the job — so called “front pay” — is not included in the compensatory damages caps imposed under the Civil Rights Act of 1991 because it is a remedy previously authorized under Section 706 of the 1964 Civil Rights Act and therefore not subject to the subsequent amendment, the court said. The decision reverses a Sixth Circuit Court of Appeals ruling that limited to $300,000 the Loeb & Loeb: Ask the Lawyer: Arbitration Agreements  Jul 01, 2001 It is also unclear whether employers can force employees to arbitrate federal civil rights claims (the Circuit City case involved a claim brought under the state civil rights law). The EEOC takes the position that federal civil rights claims are not subject to binding arbitration Loeb & Loeb: Ask the Lawyer: Arbitration Agreements  Jul 01, 2001 It is also unclear whether employers can force employees to arbitrate federal civil rights claims (the Circuit City case involved a claim brought under the state civil rights law). The EEOC takes the position that federal civil rights claims are not subject to binding arbitration Groom Law Group: Title VII Prohibits Exclusion of Prescription Contracep...  Jul 01, 2001 Date: 7/1/2001 Failure to cover prescription contraceptives under a health plan that provides generally comprehensive prescription coverage violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, according to the June 12, 2001 opinion issued by the United States District Court for the Western District of Washington. In reaching its decision in Erickson v. Bartell Drug Co., No. C00-1213L (W.D. Wash Hill Farrer & Burrill: Employee's Wrongful Termination Claim Dismissed De...  Jul 01, 2001 2001 by Hill Farrer ll LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution Greenberg Traurig: "Catalyst Theory" is not a Valid Basis for Aw...  Jun 01, 2001 Catalyst Theory is not a Valid Basis for Awarding Attorneys’ Fees in Federal Employment Discrimination/Civil Rights Cases Home > Publications > Alerts Greenberg Traurig Alert "Catalyst Theory" is not a Valid Basis for Awarding Attorneys’ Fees in Federal Employment Discrimination/Civil Rights Cases June 2001 By John Scalia, Esq. The U.S. Supreme Court, on May 29, 2001, held that plaintiffs whose civil rights lawsuits have brought about a desired change in the defendant’s conduct, but have not Loeb & Loeb: Arbitration Provisions in Employment Agreements  Jun 01, 2001 It is also unclear whether employers can force employees to arbitrate federal civil rights claims (the Circuit City case involved the alleged violation of a state civil rights law). The Court of Appeals for the Ninth Circuit ruled in 1991 that employers cannot force employees to arbitrate claims for discrimination based on gender, race, religion, or national origin Loeb & Loeb: Arbitration Provisions in Employment Agreements  Jun 01, 2001 It is also unclear whether employers can force employees to arbitrate federal civil rights claims (the Circuit City case involved the alleged violation of a state civil rights law). The Court of Appeals for the Ninth Circuit ruled in 1991 that employers cannot force employees to arbitrate claims for discrimination based on gender, race, religion, or national origin Morgan Lewis: U.S. District Court Finds Employer''s Failure...  May 31, 2001 ...e., birth control pills, Norplant, diaphragms, and other preventative devices) from a comprehensive prescription drug plan is per se discrimination under Title VII of the Civil Rights Act ("Title VII"), as amended by the Pregnancy Discrimination Act ("PDA"). Planned Parenthood brought this action on behalf of a class of female employees, asserting that Bartell's prescription drug plan violated Title VII because it denied coverage for contraceptive devices used only by women Nossaman: New Law Expands Definition of ''Disability�...  May 28, 2001 Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false McGlinchey Stafford: Speaking in Tongues (English-only policies)  May 01, 2001 The 5-4 majority of the bitterly divided court voted to bar certain private lawsuits brought against states for alleged discriminatory practices, ruling that while the Civil Rights Act of 1964 gives individuals the right to sue states over intentional discrimination, it does not give them the right to sue over practices that have unintended discriminatory effects. The Civil Rights Act was designed to ensure that public agencies receiving federal funds do not discriminate on the basis of race, Crowell & Moring: Maryland Passes Antidiscrimination Act of 2001 to Add P...  May 01, 2001 " This prohibitionMinnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont, and Wisconsin as states that protect both private- and public-sector employees from discrimination based on sexual orientation. As part of a growing trend to expand protection under state human rights statutes to include sexual orientation, similar bills are currently pending in Delaware, Michigan, New York, and Louisiana. Maryland's "Antidiscrimination Act of 2001" (the "Act") amends the existing Maryland Miller Canfield: Disability Harassment Under the Americans with Disabili...  May 01, 2001 Prior to Flowers and Fox, the Michigan Court of Appeals found that a cause of action exists for disability-based harassment under Michigan's Persons With Disabilities Civil Rights Act. See Downey v. Charlevoix County Board of Commissioners , (1998) McGlinchey Stafford: Alternative To Litigation (arbitration)  Apr 01, 2001 Employees who have signed arbitration agreements can be barred from suing in court over most civil rights, harassment and other employment claims, even if they can plead that they were required to sign the clauses as a condition of employment. The ruling is the result of a lawsuit filed by an employee who, despite having signed an agreement to arbitrate, pressed his case over alleged harassment Testa: Supreme Court Rules That Arbitration Agreements Are Enf...  Apr 01, 2001 By way of example only, such claims include claims under federal, state and local statutory or common law, such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, including the amendments of the Civil Rights Act of 1991, the Americans with Disabilities Act, the law of contract and the law of tort. In reaching its conclusion, the Supreme Court confirmed that by submitting to arbitration, a party does not forego their substantive rights, but rather Nossaman: Civil Satisfaction -- LITIGATION: Statutory and constit...  Mar 30, 2001 Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false Fulbright & Jaworski: "Texas Supreme Court Eases Plaintiff's Burden...  Mar 01, 2001 McGlinchey Stafford: Over The Top Technology (genetic discrimination)  Mar 01, 2001 EEOC chairwoman Ida Castro said she was pleased with the company's response, adding, "[a]s science and technology advance, we must be vigilant and ensure that these new developments are not used in a manner that violated workers' rights." Calling Burlington Northern's policy "an egregious violation of the ADA that required immediate intervention" by the commission, she added, "I'm hopeful that the attention of this case will serve as an educational tool for other employers." The railroad was Loeb & Loeb: New Supreme Court Case Relating to Arbitration Is an Im...  Mar 01, 2001 In a majority (5-4) opinion written by Justice Anthony Kennedy, the Court overturned the 9th Circuit's interpretation of an exception to the Federal Arbitration Act involving workers in interstate commerce and civil rights claims. The Attorneys General noted that in several states employers who required employees to sign arbitration agreements as a condition of employment could be sued for a violation of the employee's civil rights Miller Canfield: Michigan Court of Appeals Finds That 180-day Period of ...  Jan 01, 2001 Nearly a year elapsed before the employee sued the employer alleging that his discharge was unlawful age discrimination in violation of Michigan's Elliott-Larsen Civil Rights' Act. While Timko appears to provide guidance for employers wishing to limit and control their exposure to civil rights liability in Michigan, it is possible that the employee will seek leave for an appeal to the Michigan Supreme Court Thelen Reid: "Justice Department Statistics Show Increase in Em...  Oct 09, 2000 The study did not include cases resolved by the Equal Employment Opportunity Commission in the administrative phase or cases brought in state court, so the number of civil rights-based cases filed during this period actually is even higher than reported in the study. Winners and Awards in Civil Rights Cases Terminated by Trial Verdict in U.S. District Courts 1990-1998 Year Civil Rights Cases Terminated by Trial Number of Plaintiff Victories Percent of Plaintiff Victories Number of Money Awards Honigman: EPA Publishes New Draft Guidance on Civil Rights in Env...  Oct 01, 2000 EPA Publishes New Draft Guidance on Civil Rights in Environmental Permitting The U.S. Environmental Protection Agency has published draft guidance explaining to federally funded state environmental agencies how to comply with Title VI of the Civil Rights. The draft guidance also explains EPA's process for handling civil rights McGlinchey Stafford: About Health Care  Oct 01, 2000 The HHS Office of Civil Rights (OCR) will consider a program to be in compliance when the recipient/covered entity effectively incorporates and implements, without cost to the LEP person, these four elements: 1) assessment of the language needs of the population served; 2) development of written policy on language access that ensures meaningful oral communication through various methods – hiring bilingual staff, hiring staff interpreters, contracting with outside interpreter service, or Mayer Brown: Labor and Employment Newsletter - Supreme Court Rules A...  Jul 23, 2000 Harris Beach: Supreme Court Ruling Lowers Standard for Proving Workpl...  Jul 01, 2000 According to the court, the jury was within its rights to consider the believability of the employer's explanation and conclude that discrimination was the more likely explanation for Reeves' dismissal. Federal statistics point to a more than 100 percent increase in the number of civil rights complaints filed from 1990 to 1998 Baker Botts: White Employee's Reverse Discrimination Suit Upheld  May 22, 2000 In Greathouse v. Alvin Independent School District, Greathouse, a Drug Awareness Resistance Education (DARE) officer employed by Alvin ISD, filed suit under the Texas Commission on Human Rights Act (TCHRA) alleging that he was fired because he is white. The court found that the comments attributed to the supervisor "far exceed mere stray remarks or improbable inferences." While the issue of whether whites are a protected class was not directly before the court, it did refer to a United States Hayboo: Handling disclosure in today's marketplace  May 12, 2000 Given the Court’s long standing recognition of the EEOC’s special role in enforcing civil rights laws, the decision is not surprising, and does little to alter the law from what most employers anticipated it would be when they implemented arbitration programs. At a minimum the decision heightens the scrutiny on which cases the Commission will choose to litigate Testa: Publicizing Termination Notice May Prove Costly to Empl...  Oct 01, 1999 Williams filed suit in state court alleging privacy, civil rights, and public policy violations. The state court agreed with Commonwealth with respect to the civil rights and public policy claims, but rejected the argument with respect to the invasion of privacy claim Chadbourne & Parke: What Your Company Must Know to Avoid Punitive Damages f...  Jul 01, 1999 As amended in 1991, Title VII of the Civil Rights Act of 1964 allows employees to recover punitive damages from their employers if they can prove that the employer acted "with malice or with reckless indifference to the federally protected rights of an aggrieved individual." And up until this decision (Kolstad v. The American Dental Association), lower courts had primarily wrestled with the wording of Title VII s penalty provision (i. e., the exact definition of "malice" and "reckless Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...  Jul 01, 1999 JULY1999 U.S. SUPREME COURT SETS STANDARD FOR PUNITIVE DAMAGES UNDER FEDERAL EMPLOYMENT LAW The U.S. Supreme Court recently set the standard required for punitive damages in job discrimination cases under Title VII of the Civil Rights Act of 1964. The Court formulated the appropriate standard by looking to the Civil Rights Act of 1991, in which Congress amended Title VII to allow for additional remedies for violations of Title VII and the Americans with Disabilities Act of 1990 Hill Farrer & Burrill: Court Finds Employer Liable For Sexual Harassment  Apr 01, 1999 2001 by Hill Farrer ll LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution Hill Farrer & Burrill: Sexual Harassment Claim Rejected Because Employee Faile...  Apr 01, 1999 2001 by Hill Farrer ll LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution FROF: Internet Cases -- Legislative Updates  Feb 09, 1999 Hill Farrer & Burrill: U.S. Supreme Court Hears Argument On Whether Same Sex H...  Dec 01, 1998 2001 by Hill Farrer ll LLP. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution King & Spalding: Two Recent Decisions make Class Action Lawsuits Allegin...  Dec 01, 1998 The Court of Appeals in both circuits recently issued opinions that further define the requirements for bringing such suits and raise the bar that plaintiffs must clear in order to certify class actions alleging discrimination under Title VII and other civil rights laws. Therefore, the court ruled that claims involving compensatory and punitive damages, including race discrimination claims under Title VII and other civil rights laws, were inappropriate for class certification under this section FROF: Sexual Harassment and Investigative Training  Nov 11, 1998 Goodwin Procter: Financial Services Alert  Nov 10, 1998 ...(BELOW IS YOUR REQUESTED ARTICLE FROM THE ALERT) -- US Supreme Court Lets Stand Ruling Against Compulsory Arbitration The U.S. Supreme Court let stand a Ninth Circuit Court of Appeals ruling that under the Civil Rights Act of 1991 employers (including the securities firm at issue) may not require as a mandatory condition of employment that an employee waive his or her right to bring Title VII claims (concerning discrimination on the basis of race, sex, or national origin) in court and instead Hill Farrer & Burrill: Warrantless Search Of Public Employee's Office Hel...  Oct 01, 1998 Fall 1998 -Warrantless Search Of Public Employee's Office Held Unreasonable WARRANTLESS SEARCH OF PUBLIC EMPLOYEE S OFFICE HELD UNREASONABLE In Ortega v. O Connor, the Ninth Circuit Court of Appeals held that two officials at a California state hospital were liable under a federal civil rights statute for violating the fourth amendment rights of a doctor by conducting an unreasonable search and seizure of his desk and his personal belongings in his office. 2001 by Hill Farrer ll LLP. All rights Foley Lardner: The Ninth Circuit Refuses To Enforce Compulsory Agreeme...  Jul 02, 1998 Honigman: Sixth Circuit Affirms Dismissal of Civil Rights Claim C...  Jul 01, 1998 Sixth Circuit Affirms Dismissal of Civil Rights Claim Challenging UST Enforcement Action The U.S. Court of Appeals for the Sixth Circuit recently upheld the dismissal of a lawsuit brought in federal court in which a Michigan resident alleged that Michigan state officials violated his civil rights by filing false affidavits in a state court action to enforce Michigan's underground storage tank ("UST") laws. The Sixth Circuit held that the civil rights claim of plaintiff Thomas C. Cagney should be Hill Farrer & Burrill: Court Refuses To Enforce Agreement To Arbitrate Discrim...  Jul 01, 1998 The court held that because the agreement at issue was between private parties, there was no constitutional bar to requiring employees to agree in advance to arbitrate state law tort and contract claims (other than for violation of state civil rights laws). 2001 by Hill Farrer ll LLP. All rights reserved Pillsbury Winthrop: California Federal Courts Further Limit Arbitration Of ...  Jul 01, 1998 In January, 1995, Duffield brought suit in federal court, alleging sexual discrimination and sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. º 2000e et seq. In the meantime, both decisions dictate caution when seeking to put in place schemes for the mandatory arbitration of statutory employment rights Cohen & Wolf: U.S. Supreme Court Expands Sexual Harassment To  Apr 01, 1998 2004 Cohen and Wolf, P.C. All rights reserved Honigman: Appeals Court Overturns Ban on Major Air Permits in Gen...  Oct 01, 1997 All claims against all parties, except an Elliott-Larsen Civil Rights Act claim against the State of Michigan, were dismissed. A trial on the civil rights claim was held in April, 1997 Miller Canfield: Hot Points  Jul 01, 1997 Paul R. Dimond, 734 / 668-7632 Business and Finance Office of civil rights offers guidance on sexual harassment. Thomas P. Hustoles, 616 /383-5848 Labor Law When it comes to environmental liability-- Ignorance of the law is no excuse Honigman: Genesee County Court Holds Air Permit Process is Unlawf...  Jun 01, 1997 Although Judge Hayman agreed with the Plaintiffs that the lead emissions from the Genesee Power Station adversely affected the neighboring minority population, he rejected the Plaintiffs' claim that the MDEQ policies violate the Elliott-Larsen Civil Rights Act. "The Plaintiffs have failed to show that [MDEQ's] policy of not considering race in granting permits to polluting facilities caused African-Americans to be located near major polluting facilities ...." Therefore, Judge Hayman dismissed Hill Farrer & Burrill: U.S. Supreme Court Holds That Title Vii Applies To Form...  Apr 01, 1997 Spring 1997 - U.S. Supreme Court Holds That Title Vii Applies To Former Employees U.S. SUPREME COURT HOLDS THAT TITLE VII APPLIES TO FORMER EMPLOYEES In Robinson v. Shell Oil Co., the United States Supreme Court resolved uncertainty in Title VII of the Civil Rights Act of 1964, which makes it unlawful for an employer to discriminate against any of his employees or applicants for employment who have filed EEOC claims or who have assisted others in doing so. The Court held that a former employee Carlton Fields: Disappointed Bidders on Public Projects and Civil Right...  Mar 01, 1993 Civil Rights Enforcement on the Rise   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false Vol. VII   Vol. VII   School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Hire Authority Volume 2   Peterson v. Hewlett-Packard Co. (9th Cir. January 6   Peterson sued the Company, claiming disparate treatment under Title VII of the Civil Rights Act. He claimed that he was terminated on account of his religious views, and that the Company failed to accommodate his religious beliefs Bulletin 02-13   Finally, the court rejected the civil rights claim, stating that such laws were never intended to address the wrongs complained of by the plaintiffs. Notwithstanding Smith, Numerous Information-Sharing Regulations Limit Disclosures By Financial Institutions Although the Smith case imposes some limits on private rights of action, financial institutions must, of course, remain vigilant about complying with increased government regulation of information-sharing practices : Media Law August 1999   Supreme Court Watch: Ride-alongs May Lead to Civil Rights Lawsuits Supreme Court Watch: Casino Ban Is Unconstitutional Appeals Court Affirms Libel-Proof Decision Claim Dismissed Against Yellow Pages Publisher Cable Access Not Exclusive Media Notes FCC Cites Unsolicited Faxers Supreme Court Watch: Ride-alongs May Lead to Civil Rights Lawsuits Homeowners may sue police who bring the news media with them during the execution of warrants, the United States Supreme Court signaled in two recent : Sports Law Third Quarter 1999   Instead, he went to Wheaton College, a Division III institution, where he ran track, and filed suit against the NCAA alleging that Proposition 16 violated Title VI of the Civil Rights Act. 924 (1999), where the Third Circuit's holding that the NCAA was subject to the Civil Rights Act was reversed by the United States Supreme Court Akin Gump: 2001 Law Employment Symposium   2035 Practice Area: Labor and Employment Frank S. Manitzas' practice encompasses all aspects of labor relations, employment law and civil rights matters. Prior to entering private practice, Mr. Manitzas served as an attorney with the National Labor Relations Board from 1961 to 1966 Akin Gump: My Aching Back-OSHA's New Ergonomics Rule and the ...   He represents companies in litigation of citations, and works closely with other firm attorneys to assist clients with civil and criminal litigation that often follows workplace accidents. Mr. Lian received his B.A. in 1990 from Colby College and his J.D. with distinction in 1993 from the Catholic University of America, where he was a member of the Catholic University Law Review and a national moot court team member in the Wagner Cup Labor Law Competition Akin Gump: Federal Wage and Hour Laws and The Texas Payday Act   He has litigated discrimination cases under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and state human rights acts. He has also represented clients in collective bargaining agreement negotiations and in private arbitrations Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   7806 Practice Area: Labor and Employment Don Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on employment litigation. He is a former general counsel of the U.S. Equal Employment Opportunity Commission, where he was responsible for the federal government’s enforcement of Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act Akin Gump: Attorney-Client Privilege Often Plays A Key Role In Pat...   He received his J.D. cum laude in 1987 from Harvard Law School, where he was comments editor of the Harvard Civil Rights - Civil Liberties Law Review. Mr. Pees is the co-author of “The Attorney-Client Privilege Often Plays a Key Role in Patent Litigation,â€? Andrews Corporate Risk Spectrum (June 2000) and “Courts Struggle With Standard For Imposing Liability On ‘Secondary Actors’ for Material Misstatements,â€? Andrews Securities Litigation & Regulation Reporter (January 13, 1999) Ballard Spahr: To The Victor Belong The Spoils: Supreme Court Limits A...   1835 (May 29, 2001), most civil rights plaintiffs may recover attorney's fees only when they receive some form of court-ordered relief. Most federal civil rights statutes include or are subject to fee-shifting provisions that grant courts discretion to award attorney's fees to the "prevailing party" in a lawsuit Ballard Spahr: Seventh Circuit Limits Damages on ADA Retaliation Claim   The court in Kramer found that the 1991 amendments to Title VII of the Civil Rights Act of 1964 that made compensatory and punitive damages available for the first time did not apply to retaliation claims under the ADA. Because only equitable relief, including back pay, is available, the court found that a jury trial is not available for ADA retaliation claims. To date, neither the United States Court of Appeals for the Third Circuit nor any district court within the Third Circuit has addressed Ballard Spahr: Update: Members Of Congress Move To Overrule Circuit Ci...   Three months after the Circuit City decision, a group of 37 members of Congress introduced a bill, titled the "Preservation of Civil Rights Protections Act of 2001." If enacted, the bill (H.R. 2282, June 21, 2001) would ensure that "any clause of any agreement between an employer and an employee that requires arbitration of a claim arising under the Constitution or laws of the United States shall not be enforceable." The bill does provide exceptions for arbitration clauses in collective Cooley Godward: The CLAY Awards   Pro BonoBen RileyCooley Godward, San FranciscoAs lead counsel in a civil rights case, Riley devoted hundreds of pro bono hours in 2002 representing the Soko Bukai, an association of Christian churches that sued the YWCA to prevent it from selling its historic Julia Morgan-designed building in Japantown for $1. Pro Bono -- ©2003-2004 Cooley Godward LLP. All rights reserved Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Fisher & Phillips: Lex Mentis - Civil Rights for the Aesthetically-Challen...   Fisher & Phillips: Lex Mentis - Putting a Price on the Pain   Fisher & Phillips: Religious Discrimination in the Workplace   On November 19, 2001, the Equal Employment Opportunity Commission, the Civil Rights Division of the Department of Justice, and the Department of Labor's Office of Federal Contract Compliance Programs released a "Joint Statement Against Employment Discrimination in the Aftermath of the September 11th Terrorist Attacks." The statement reaffirms the government's commitment to the civil rights of all working people - including but not limited to people who are, or who are perceived to be, Arab, Fisher & Phillips: Lex Mentis - Posttraumatic Latefiling Syndrome   Claims brought under Title VII of the Civil Rights Act of 1964 must be filed, in the form of a charge of discrimination with the Equal Employment Opportunity Commission, within 180 days of the incident at issue, or within 300 days in those states in which a state civil rights enforcement authority exists. There are also requirements that civil lawsuits be filed within a prescribed period following receipt of notice of termination of the EEOC's handling of the charge Garvey Schubert Barer: The Labouring Oar   Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Isaacson: "Employer May be Liable for Sexual Harassment by S...   2003-2004 Isaacson, Rosenbaum, Woods & Levy, P.C. ALL RIGHTS RESERVED Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Masuda Funai: Supreme Court Expands Statutory Filing Limitations on C...   McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Michael Best & Friedrich: U.S. Supreme Court Constitutional Decision on Disparate...   MBF Article - U.S. Supreme Court Civil Rights Decision on Disparate Impact Suit U.S. Supreme Court Civil Rights Decision on Disparate Impact Suit By: Meggin R. McNamara United States Supreme Court held in the case Alexander v. Sandoval, U.S. No. 99-1908, April 24, 2001, that there is no private right of action to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. Essentially, the Supreme Court held that private parties cannot sue states to prevent Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Palmer & Dodge: No Waiver of Constitutional Claims Under Whistleblower ...   Riker Danzig: 1/02 Environmental Justice Update   The Third Circuit considered an appeal by NJDEP from the finding of the lower court that air permits issued by NJDEP did not consider applicable EPA disparate impact civil rights regulations, promulgated pursuant to Title VI of the Civil Rights Act of 1964. Civil Rights Complaints Languishing This past summer, EPA convened a task force to clear a backlog of environmental justice complaints filed under Title VI of the Civil Rights Act Riker Danzig: 7/01 Environmental Justice Enduring Roller Coaster Ru...   Environmental Justice was first recognized around 1996, after a neighborhood group in Pennsylvania used Sections 601 and 602 of Title VI of the federal Civil Rights Act of 1964 to challenge the issuance of environmental permits due to an alleged disparate impact to a predominantly minority community. The District Court then issued a second opinion, SCCIA II, on May 10, 2001, holding that Sandoval did not preclude plaintiffs from pursuing their claim of disparate impact discrimination in Riker Danzig: 8/99 Developments at NJDEP: The Environmental Equity...   Title VI of The Civil Rights Act of 1964 states that “[all] persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, … without discrimination or segregation on the ground of race, color, religion, or national origin.” The law ensures that federal funds are not used to implement discriminatory programs. The U.S. Supreme Court has not yet opined on whether permits may be challenged Ulmer & Berne: Ulmer & Berne Names New Partners   William D. Edwards focuses his practice in employment and labor law, fair housing litigation and civil rights litigation. Douglas K. Sesnowitz concentrates his practice in commercial lending and banking, creditors' rights, and general corporate matters Ulmer & Berne: Firm Obtains Case Dismissal in Housing Discrimination L...   Events and Publications | Real Estate Law Letters Firm Obtains Case Dismissal in Housing Discrimination Lawsuit Real Estate Law Letter Summer 2002 In January 2001, the Ohio Civil Rights Commission (OCRC) filed multiple lawsuits against Wagler Homes Inc. accusing it of discriminating against four African-American families who had sought to purchase single-family homes from the company's Kingsbury Trace development in Copley Township, Ohio. Despite the commission's original finding of "probable Ulmer & Berne: Two New Attorneys Join Employment & Labor Law Group   Liz will be focusing her practice on civil rights and fair housing litigation as a member of the Employment & Labor Law Group. Elizabeth may be reached at erudnick@ulmer Ulmer & Berne: Attorney Profile   Recruited by the firm in 1995 for his wealth of experience in the areas of traditional employment and labor law and civil rights litigation, lately, Bart also concentrates his practice in the specialized areas of immigration law, contract and antitrust litigation, and the representation of departing or potentially departing managers. Born in Champagne, Illinois, Bart obtained his undergraduate degree from Kent State University, his master's degree and Ph Ulmer & Berne: Success Story: Ulmer & Berne Defends And Wins Civil Rig...   Events and Publications | Employment Law Letters SUCCESS STORY: ULMER DEFENDS AND WINS CIVIL RIGHTS LAWSUIT FILED BY FORMER SCHOOL DISTRICT EMPLOYEE Employment Law LetterSpring 1998 Last December, the Eighth District Court of Appeals affirmed the dismissal of a civil rights lawsuit that had been filed by a former employee of the Cleveland City School District. The plaintiff alleged that he had been "constructively discharged" (i Ulmer & Berne: Anti-Violence Act Claim Survives Where Title VII Fails   13895 ("VAWA") will be evaluated using the same standards applied in Title VII of the Civil Rights Act of 1964, 42 U.S.C.. 13981 (1995) ("GMVA") which is the civil rights arm of the VAWA. The GMVA provides a civil cause of action for relief from crimes motivated by gender and allows attorneys fees, recovery of compensatory and punitive damages, and injunctive and declaratory relief Ulmer & Berne: Punitive Damages Are Available Under Ohio's Anti-D...   99 in 1987 to provide "a civil action for damages, injunctive relief, or any other appropriate relief" for discriminatory practices prohibited by Section 4112. The Court rejected this contention noting that punitive damages can only be awarded upon a finding of "actual malice." "Actual malice" is defined as "a state of mind characterized by hatred, ill will or a spirit of revenge or a conscious disregard for the rights . . . . of other persons that has a great probability of causing substantial Vorys Sater: Employment Discrimination Claims by Nelson D. Cary and ...   Notwithstanding these federal protections, in Ohio, employees may seek relief from small business employers and their agents under the Ohio Civil Rights Act. While much of Ohio s Civil Rights Act mirrors the language and purpose of the federal antidiscrimination statutes, several provisions afford employees who sue under state law broader rights, of which small business employers must be aware Wiley Rein & Fielding: City?s Liability Policies Provide Civil Rights Violatio...   WRF - Articles - City’s Liability Policies Provide Civil Rights Violations Coverage if (document. src'); } } Search GO City’s Liability Policies Provide Civil Rights Violations CoverageExecutive Summary, March 2004 In a lengthy opinion addressing a myriad of coverage issues, the United States District Court for the Eastern District of Michigan, applying Michigan law, has held that insurers that issued professional liability policies to a city had certain obligations to provide a defense and Wiley Rein & Fielding: Court Applies ?Deliberate Acts? and ?Law Enforcement? E...   Ultimately, two former York police officers were found guilty of the thirty-year old murder and the surviving family members of the victim filed the underlying civil suit alleging numerous civil rights violations against the city and individual former police officers. After the civil rights action was filed, the city of York tendered defense of the action to the insurer under the public official and employment practices liability policy Wiley Rein & Fielding: Employee Lawfully Terminated For Refusing To Cooperate ...   Employers have a legal obligation to investigation allegations of sexual harassment under Title VII of the Civil Rights Act of 1964 (Title VII) and to take prompt remedial action. The trial court in Harris v. Fulton-DeKalb Hospital Authority, No. 00-cv-3321 (N.D. Ga Wiley Rein & Fielding: Section 1983 Claim Sounds In Tort And Is Not Excluded U...   ...src'); } } Search GO Section 1983 Claim Sounds In Tort And Is Not Excluded Under Breach Of Contract Or Debt Financing Exclusions The Executive Summary, March 2003 A federal district court, applying Pennsylvania law, has held that a claim against a county for civil rights violations under 42 U.S.C. § 1983 is not within the scope of policy exclusions that apply to breach of contract or debt financing claims. The insurer issued a public officials liability policy to the county, which provided that Wiley Rein & Fielding: Wiley Rein & Fielding Expands Employment & Labor Law Pr...   He has published books and numerous articles on employment-related issues, such as wage and hour compliance, federal and state drug testing requirements, harassment, privacy and the 1964 Civil Rights Act. Mr. Dodge has been called on frequently to assist companies in establishing workplace substance abuse programs Wiley Rein & Fielding: Wiley Rein & Fielding Expands Employment & Labor Practi...   He has published books and numerous articles on employment-related issues, such as wage and hour compliance, federal and state drug testing requirements, harassment, privacy and the 1964 Civil Rights Act. Mr. Dodge has been called on frequently to assist companies in establishing workplace substance abuse programs Wiley Rein & Fielding: WRF Election Law Attorneys Secure Voting Rights For Vir...   WRF - Articles - WRF Election Law Attorneys Secure Voting Rights For Virginia Voters if (document. src'); } } Search GO WRF Election Law Attorneys Secure Voting Rights For Virginia VotersElection Law News, September 2002 WRF Lawsuit Prompts Special Election in Northern Virginia Five Northern Virginia voters, represented by WRF, declared a major victory in July as they dismissed their lawsuit against election officials of the Commonwealth of Virginia having won the right to hold a special Wiley Rein & Fielding: Franchisors Beware ? Rejection Letters Can Bite Back   2000), the court affirmed a jury verdict that a franchisor’s written reasons for rejecting an African American franchise applicant were a pretext for intentional racial discrimination in violation of federal civil rights law. Tyler, the plaintiff, completed a RE/MAX franchise application, which included an income statement, a statement of financial condition, a personal history form, the number of real estate sales associates employed by Tyler, and the number of listings and sales closed by Winston Strawn: Recent Environmental Justice Decision by EPA   Winston Strawn: U.S. Supreme Court Rejects Cap on Front Pay Damages   Winston Strawn: Employee Testers Can Sue Under Title VII in Federal Cou...   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false Vol. VII   School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Albert J. Solecki   Hire Authority Volume 2   Employment and Labor Alert - November 11   EMPLOYMENT AND LABOR New Law Gives Favorable Federal Income Tax Treatment To Attorney Fee Awards In Civil Rights Cases. Section 703 of the Act,entitled"Civil RightsTax Relief," makes a significant change in the law with respect to the federal income tax treatment of amounts paid by civil rights plaintiffs (or paid on their behalf) in attorneys' fees and court costs and, as a result, has important implications for settlements in civil rights cases Bulletin 02-13   Finally, the court rejected the civil rights claim, stating that such laws were never intended to address the wrongs complained of by the plaintiffs. Notwithstanding Smith, Numerous Information-Sharing Regulations Limit Disclosures By Financial Institutions Although the Smith case imposes some limits on private rights of action, financial institutions must, of course, remain vigilant about complying with increased government regulation of information-sharing practices In the Courts (ADA   The subject of an on-the-job internet porn episode has no remedy under the state civil rights law, according to an Ohio appeals court. A firefighter who passed around a picture resembling the plaintiff, a paramedic, among several of his co-workers for two days engaged in “deplorable” actions, the appeals court said, but “they simply do not constitute sufficiently severe or pervasive harassment to be actionable” under state law Despite Strong Federal Policy in Favor   This significant move, which undercuts the ability of employers to require manda- tory arbitration of these civil rights claims, is partially consistent with the Ninth Circuit's opinion in Duffield v. Robertson Stephens 144 F.3d 1182 (9th Cir. At relatively the same time that Gilmer was issued, Congress enacted the Civil Rights Act of 1991, which amended Title VII and spoke directly to the arbitration of such claims Employment Alert   Developments in Legislation California Civil Rights Amendments Of 1999 Enacted In October, 1999, Governor Davis signed AB 1670 into law. The legislation, which is called the California Civil Rights Amendments of 1999, took effect on January 1, 2000 PA Department of Education (PDE) Updates Residency   2002 FOX ROTHSCHILD O'BRIEN EL, LLP.ALL RIGHTS RESERVED. The ESL program must comply with TitleVI of the Civil Rights Act of 1964 and be based on sound educational and language theory, implemented with sufficient resources and appropriate personnel, and be evaluated periodically California Court of Appeal Decision in 24 Hour Fitness   The California Court of Appeal for the First Appellate District, Division Three, (San Francisco) has held that an employee is barred from pursuing claims of sexual harassment under the Fair Employment and Housing Act ("FEHA") in a civil trial, and may only pursue those claims in arbitration, when the employee has signed an agreement to arbitrate any dispute arising from employment, including claims for discrimination. Ms. Munshaw raised three arguments in opposition: that the arbitration : Media Law August 1999   Supreme Court Watch: Ride-alongs May Lead to Civil Rights Lawsuits Supreme Court Watch: Casino Ban Is Unconstitutional Appeals Court Affirms Libel-Proof Decision Claim Dismissed Against Yellow Pages Publisher Cable Access Not Exclusive Media Notes FCC Cites Unsolicited Faxers Supreme Court Watch: Ride-alongs May Lead to Civil Rights Lawsuits Homeowners may sue police who bring the news media with them during the execution of warrants, the United States Supreme Court signaled in two recent : Sports Law Third Quarter 1999   Instead, he went to Wheaton College, a Division III institution, where he ran track, and filed suit against the NCAA alleging that Proposition 16 violated Title VI of the Civil Rights Act. 924 (1999), where the Third Circuit's holding that the NCAA was subject to the Civil Rights Act was reversed by the United States Supreme Court : In The Courts (damages   He challenged the action through the union grievance procedure, filed an EEOC charge, and later sued the company for violation of Title VII of the 1964 Civil Rights Act, the ADA, and Florida law. He also claimed that he was denied overtime in retaliation for his complaints; instead of earning up to $20,000, he made less than $2,000 a year in overtime after he complained of discrimination Akin Gump: 2001 Law Employment Symposium   2035 Practice Area: Labor and Employment Frank S. Manitzas' practice encompasses all aspects of labor relations, employment law and civil rights matters. Prior to entering private practice, Mr. Manitzas served as an attorney with the National Labor Relations Board from 1961 to 1966 Akin Gump: Federal Wage and Hour Laws and The Texas Payday Act   He has litigated discrimination cases under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and state human rights acts. He has also represented clients in collective bargaining agreement negotiations and in private arbitrations Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   7806 Practice Area: Labor and Employment Don Livingston leads the labor and employment practice group in Washington, D.C. Mr. Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on complex employment litigation. Since joining Akin Gump in 1993, he has served as defense litigation counsel in numerous fair employment class actions, including Gutierrez v. Hooters, Inc., which The Washington Post termed EEOC's "biggest defeat." Mr. Cooley Godward: Class Status OK in Green Card Case   The Lawyers' Committee for Civil Rights in Texas filed the suit in July with the pro bono help of Cooley Godward in San Francisco.   Pro Bono -- ©2003-2004 Cooley Godward LLP. All rights reserved Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Epstein Becker & Green: PDF   Civil Rights Tax Relief Benefits Both Sides of the Fence The American Jobs Creation Act of 2004 was signed into law by President Bush on October 22, 2004. Buried within over 600 hundred pages of this extensive corporate tax bill sits section 703, entitled Civil Rights Tax Relief, which prospectively ends double taxation of attorney's fees and costs paid by or on behalf of plaintiffs in specifically enumerated unlawful discrimination lawsuits Gardner Carton: International Trade and Technology Update   However, such classes may be protected under U.S. civil rights laws, U.S. immigration laws, or both. Such persons do receive protection, however, under Title VII and Section 1981 of the Civil Rights Act Garvey Schubert Barer: The Labouring Oar   Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Goodwin Procter: Kenneth J. Parsigian   Professional Activities Mr. Parsigian has spoken and authored articles on mass tort issues for the Defense Research Institute and Washington Legal Foundation, and taught Massachusetts Continuing Legal Education courses in civil litigation and professional responsibility classes at Boston University School of Law. He serves on the Board of the Lawyers Committee for Civil Rights and maintains an active pro bono practice, including his current representation of an inmate on death row in Ohio in his Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES NEW YORK PASADENA SAN ANTONIO WASHINGTON, D.C. McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Michael Best & Friedrich: U.S. Supreme Court Constitutional Decision on Disparate...   MBF Article - U.S. Supreme Court Civil Rights Decision on Disparate Impact Suit U.S. Supreme Court Civil Rights Decision on Disparate Impact Suit By: Meggin R. McNamara United States Supreme Court held in the case Alexander v. Sandoval, U.S. No. 99-1908, April 24, 2001, that there is no private right of action to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. Essentially, the Supreme Court held that private parties cannot sue states to prevent Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Perkins Coie: Privacy and Information Access   Reed Smith: New Jersey Civil Rights Act Injects Constitutional Righ...   ...write(''); } //-- New Jersey Civil Rights Act Injects Constitutional Rights Into the Private Sector Workplace Sherri A. AffruntiDon A. InnamoratoOn September 10, 2004, New Jersey Governor James E. McGreevey signed into law the "New Jersey Civil Rights Act" (the "NJCRA"). The NJCRA—effective immediately—creates a new claim for violation of a citizen’s rights under the New Jersey and United States Constitutions, and sets up two classes of claims: those which may be brought directly by individuals Thelen Reid & Priest: Click here   Thelen Reid & Priest: Click here   April/May 1999Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination August 1996 Back to Top Thelen Reid ReportsMajor Employment Law Decision for Long-Time Thelen Reid Client October 25, 2000 (Thelen Reid Report No.42)National Labor Relations Board Expanding Weingarten Right to All Employees July 27, 2000 (Thelen Reid Report No.36)401(k) Plan Distributions: The IRS Redesigns the "Same-Desk" Rule May 17, 2000 (Thelen Reid Report No.33)New Voluntary ERISA Fiduciary Compliance Weil: Assessment Of Evidence In "Mixed Motive" Disc...   Replace Font Tag Employer Update Assessment Of Evidence In "Mixed Motive" Discrimination Cases October 2003 Download Newsletterby Jeffrey S. Klein, Nicholas J. Pappas and Philip F. Repash In the Civil Rights Act of 1991, amending Title VII, Congress clarified, among other things, the standard for causation in the context of so-called mixed motive cases. The Civil Rights Act of 1991 provided that an unlawful employment practice is established when the complaining party demonstrates that race, Wiley Rein & Fielding: Wiley Rein & Fielding Expands Employment & Labor Practi...   He has published books and numerous articles on employment-related issues, such as wage and hour compliance, federal and state drug testing requirements, harassment, privacy and the 1964 Civil Rights Act. Mr. Dodge has been called on frequently to assist companies in establishing workplace substance abuse programs Wiley Rein & Fielding: Handling the Department of Labor?s ?Internet Applicant?...   Unfortunately, the new proposed Uniform Guidelines on Employee Selection Procedures (UGESP), issued jointly by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) on March 31, 2004, and Equal Employment Opportunity Commission (EEOC), Civil Rights Division and Office of Personnel Management (OPM) on March 4, 2004, have created a distinction between individuals who apply for employment electronically and those who apply through traditional hardcopy means. The EEOC Wiley Rein & Fielding: HIPAA Deadline Approaches With More Concerns And New Gu...   Winston Strawn: Recent Environmental Justice Decision by EPA   Winston Strawn: U.S. Supreme Court Rejects Cap on Front Pay Damages   Winston Strawn: Employee Testers Can Sue Under Title VII in Federal Cou...   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false Vol. VII   School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Albert J. Solecki   Hire Authority Volume 2   Employment and Labor Alert - November 11   EMPLOYMENT AND LABOR New Law Gives Favorable Federal Income Tax Treatment To Attorney Fee Awards In Civil Rights Cases. Section 703 of the Act,entitled"Civil RightsTax Relief," makes a significant change in the law with respect to the federal income tax treatment of amounts paid by civil rights plaintiffs (or paid on their behalf) in attorneys' fees and court costs and, as a result, has important implications for settlements in civil rights cases Bulletin 02-13   Contact Site Map Disclaimer Privacy Using this site means you accept its terms 2001-2005 Copyright by Pillsbury Winthrop Shaw Pittman LLP. All Rights Reserved In the Courts (ADA   The subject of an on-the-job internet porn episode has no remedy under the state civil rights law, according to an Ohio appeals court. A firefighter who passed around a picture resembling the plaintiff, a paramedic, among several of his co-workers for two days engaged in “deplorable” actions, the appeals court said, but “they simply do not constitute sufficiently severe or pervasive harassment to be actionable” under state law Despite Strong Federal Policy in Favor   This significant move, which undercuts the ability of employers to require manda- tory arbitration of these civil rights claims, is partially consistent with the Ninth Circuit's opinion in Duffield v. Robertson Stephens 144 F.3d 1182 (9th Cir. At relatively the same time that Gilmer was issued, Congress enacted the Civil Rights Act of 1991, which amended Title VII and spoke directly to the arbitration of such claims Health Care Alert - April 22   Within HHS, the Office of Civil Rights ("OCR") is charged with enforcing compliance with the Privacy Rule, and the Centers for Medicare and Medicaid Services ("CMS") is charged with enforcing the remaining HIPAA rules (e. The Interim Rule addresses procedures for investigations, imposition of civil money penalties ("CMPs") and hearings Employment Alert   PA Department of Education (PDE) Updates Residency   2002 FOX ROTHSCHILD O'BRIEN EL, LLP.ALL RIGHTS RESERVED. The ESL program must comply with TitleVI of the Civil Rights Act of 1964 and be based on sound educational and language theory, implemented with sufficient resources and appropriate personnel, and be evaluated periodically : In The Courts (damages   He challenged the action through the union grievance procedure, filed an EEOC charge, and later sued the company for violation of Title VII of the 1964 Civil Rights Act, the ADA, and Florida law. He also claimed that he was denied overtime in retaliation for his complaints; instead of earning up to $20,000, he made less than $2,000 a year in overtime after he complained of discrimination Akin Gump: Federal Wage and Hour Laws and The Texas Payday Act   He has litigated discrimination cases under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and state human rights acts. He has also represented clients in collective bargaining agreement negotiations and in private arbitrations Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   7806 Practice Area: Labor and Employment Don Livingston leads the labor and employment practice group in Washington, D.C. Mr. Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on complex employment litigation. Since joining Akin Gump in 1993, he has served as defense litigation counsel in numerous fair employment class actions, including Gutierrez v. Hooters, Inc., which The Washington Post termed EEOC's "biggest defeat." Mr. Ballard Spahr: Seventh Circuit Limits Damages on ADA Retaliation Claim   The court in Kramer found that the 1991 amendments to Title VII of the Civil Rights Act of 1964 that made compensatory and punitive damages available for the first time did not apply to retaliation claims under the ADA. Because only equitable relief, including back pay, is available, the court found that a jury trial is not available for ADA retaliation claims. To date, neither the United States Court of Appeals for the Third Circuit nor any district court within the Third Circuit has addressed Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Curtis Mallet-Prevost: Extraterritorial Application of U.S. Employment Laws   Title VII of the Civil Rights Act of 1964, as amended. Title VI of the Civil Rights Act of 1964 Epstein Becker & Green: PDF   Civil Rights Tax Relief Benefits Both Sides of the Fence The American Jobs Creation Act of 2004 was signed into law by President Bush on October 22, 2004. Buried within over 600 hundred pages of this extensive corporate tax bill sits section 703, entitled Civil Rights Tax Relief, which prospectively ends double taxation of attorney's fees and costs paid by or on behalf of plaintiffs in specifically enumerated unlawful discrimination lawsuits Epstein Becker & Green: PDF   The American Jobs Creation Act The impact of the Court's decision is somewhat muted, however, by congressional enactment of the civil rights tax relief provision (Section 703) of the AJCA, signed into law on October 22, 2004. See October 29, 2004 Client Alert, "Civil Rights Tax Relief Benefits Both Sides of the Fence," prepared by Gayla C. Crain and Emily Taylor, available at http://www Gardner Carton: International Trade and Technology Update   However, such classes may be protected under U.S. civil rights laws, U.S. immigration laws, or both. Such persons do receive protection, however, under Title VII and Section 1981 of the Civil Rights Act Garvey Schubert Barer: The Labouring Oar   Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Goodwin Procter: Kenneth J. Parsigian   Professional Activities Mr. Parsigian has spoken and authored articles on mass tort issues for the Defense Research Institute and Washington Legal Foundation, and taught Massachusetts Continuing Legal Education courses in civil litigation and professional responsibility classes at Boston University School of Law. He serves on the Board of the Lawyers Committee for Civil Rights and maintains an active pro bono practice, including his current representation of an inmate on death row in Ohio in his Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Littler Mendelson: Fifth Circuit Court of Appeals Recognizes Cause of Acti...   The court compared the language, purposes, and remedial structure of the ADA with that of Title VII of the Civil Rights Act of 1964 and found that both statutes prohibited discrimination with respect to "terms, conditions, or privileges of employment," and were both aimed at eliminating employment discrimination against individuals in a protected class. The court opined, therefore, that because Title VII encompassed a cause of action for harassment, the ADA also provided a cause of action for McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Michael Best & Friedrich: U.S. Supreme Court Constitutional Decision on Disparate...   Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Perkins Coie: Privacy and Information Access   Reed Smith: New Jersey Civil Rights Act Injects Constitutional Righ...   ...write(''); } //-- New Jersey Civil Rights Act Injects Constitutional Rights Into the Private Sector Workplace Sherri A. AffruntiDon A. InnamoratoOn September 10, 2004, New Jersey Governor James E. McGreevey signed into law the "New Jersey Civil Rights Act" (the "NJCRA"). The NJCRA—effective immediately—creates a new claim for violation of a citizen’s rights under the New Jersey and United States Constitutions, and sets up two classes of claims: those which may be brought directly by individuals Thelen Reid & Priest: Click here   Thelen Reid & Priest: Click here   April/May 1999Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination August 1996 Back to Top Thelen Reid ReportsMajor Employment Law Decision for Long-Time Thelen Reid Client October 25, 2000 (Thelen Reid Report No.42)National Labor Relations Board Expanding Weingarten Right to All Employees July 27, 2000 (Thelen Reid Report No.36)401(k) Plan Distributions: The IRS Redesigns the "Same-Desk" Rule May 17, 2000 (Thelen Reid Report No.33)New Voluntary ERISA Fiduciary Compliance Vorys Sater: Employment Discrimination Claims by Nelson D. Cary and ...   Notwithstanding these federal protections, in Ohio, employees may seek relief from small business employers and their agents under the Ohio Civil Rights Act. While much of Ohio s Civil Rights Act mirrors the language and purpose of the federal antidiscrimination statutes, several provisions afford employees who sue under state law broader rights, of which small business employers must be aware Weil: Assessment Of Evidence In "Mixed Motive" Disc...   Replace Font Tag Employer Update Assessment Of Evidence In "Mixed Motive" Discrimination Cases October 2003 Download Newsletterby Jeffrey S. Klein, Nicholas J. Pappas and Philip F. Repash In the Civil Rights Act of 1991, amending Title VII, Congress clarified, among other things, the standard for causation in the context of so-called mixed motive cases. The Civil Rights Act of 1991 provided that an unlawful employment practice is established when the complaining party demonstrates that race, Wiley Rein & Fielding: Wiley Rein & Fielding Expands Employment & Labor Practi...   Wiley Rein & Fielding: HIPAA Deadline Approaches With More Concerns And New Gu...   Winston Strawn: Recent Environmental Justice Decision by EPA   Winston Strawn: U.S. Supreme Court Rejects Cap on Front Pay Damages   Winston Strawn: Employee Testers Can Sue Under Title VII in Federal Cou...   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false Vol. VII   School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Albert J. Solecki   Hire Authority Volume 2   Employment and Labor Alert - November 11   EMPLOYMENT AND LABOR New Law Gives Favorable Federal Income Tax Treatment To Attorney Fee Awards In Civil Rights Cases. Section 703 of the Act,entitled"Civil RightsTax Relief," makes a significant change in the law with respect to the federal income tax treatment of amounts paid by civil rights plaintiffs (or paid on their behalf) in attorneys' fees and court costs and, as a result, has important implications for settlements in civil rights cases Peterson v. Hewlett-Packard Co. (9th Cir. January 6   Peterson sued the Company, claiming disparate treatment under Title VII of the Civil Rights Act. He claimed that he was terminated on account of his religious views, and that the Company failed to accommodate his religious beliefs Bulletin 02-13   Health Care Alert - April 22   Within HHS, the Office of Civil Rights ("OCR") is charged with enforcing compliance with the Privacy Rule, and the Centers for Medicare and Medicaid Services ("CMS") is charged with enforcing the remaining HIPAA rules (e. The Interim Rule addresses procedures for investigations, imposition of civil money penalties ("CMPs") and hearings In the Courts (ADA   The subject of an on-the-job internet porn episode has no remedy under the state civil rights law, according to an Ohio appeals court. A firefighter who passed around a picture resembling the plaintiff, a paramedic, among several of his co-workers for two days engaged in “deplorable” actions, the appeals court said, but “they simply do not constitute sufficiently severe or pervasive harassment to be actionable” under state law Despite Strong Federal Policy in Favor   This significant move, which undercuts the ability of employers to require manda- tory arbitration of these civil rights claims, is partially consistent with the Ninth Circuit's opinion in Duffield v. Robertson Stephens 144 F.3d 1182 (9th Cir. At relatively the same time that Gilmer was issued, Congress enacted the Civil Rights Act of 1991, which amended Title VII and spoke directly to the arbitration of such claims Manatt v. Bank of America 03 C.D.O.S. 6613 (9th Cir.   Manatt filed her lawsuit, claiming, among other things, that the alleged racial epithets violated the equal rights provisions of §1981, which guarantees "all persons" the same right as white citizens to "make and enforce contracts." She claimed that the alleged hostile work environment created by the epithets impacted her working conditions and privileges under her employment "contract" with the Bank. In granting summary judgment for the Bank, the Ninth Circuit held that §1981, like Title VII of Finally   Labor, Employment ration 1) That blondes are not a protected class under Title VII of the Civil Rights Act. Well, they're not and you can now dust off all those old jokes : In The Courts (damages   He challenged the action through the union grievance procedure, filed an EEOC charge, and later sued the company for violation of Title VII of the 1964 Civil Rights Act, the ADA, and Florida law. He also claimed that he was denied overtime in retaliation for his complaints; instead of earning up to $20,000, he made less than $2,000 a year in overtime after he complained of discrimination : Bell v. Clackamas County (9th Cir.   Thereafter, Bell sued the Sheriff and several of his supervisors for discrimination and retaliation under Title VII of the Civil Rights Act. A jury returned a verdict in his favor, awarding him over $1 million in damages Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   7806 Practice Area: Labor and Employment Don Livingston leads the labor and employment practice group in Washington, D.C. Mr. Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on complex employment litigation. Since joining Akin Gump in 1993, he has served as defense litigation counsel in numerous fair employment class actions, including Gutierrez v. Hooters, Inc., which The Washington Post termed EEOC's "biggest defeat." Mr. Ballard Spahr: To The Victor Belong The Spoils: Supreme Court Limits A...   1835 (May 29, 2001), most civil rights plaintiffs may recover attorney's fees only when they receive some form of court-ordered relief. Most federal civil rights statutes include or are subject to fee-shifting provisions that grant courts discretion to award attorney's fees to the "prevailing party" in a lawsuit Ballard Spahr: Update: Members Of Congress Move To Overrule Circuit Ci...   Three months after the Circuit City decision, a group of 37 members of Congress introduced a bill, titled the "Preservation of Civil Rights Protections Act of 2001." If enacted, the bill (H.R. 2282, June 21, 2001) would ensure that "any clause of any agreement between an employer and an employee that requires arbitration of a claim arising under the Constitution or laws of the United States shall not be enforceable." The bill does provide exceptions for arbitration clauses in collective Ballard Spahr: Seventh Circuit Limits Damages on ADA Retaliation Claim   The court in Kramer found that the 1991 amendments to Title VII of the Civil Rights Act of 1964 that made compensatory and punitive damages available for the first time did not apply to retaliation claims under the ADA. Because only equitable relief, including back pay, is available, the court found that a jury trial is not available for ADA retaliation claims. To date, neither the United States Court of Appeals for the Third Circuit nor any district court within the Third Circuit has addressed Ballard Spahr: Eastern District of Pennsylvania Upholds Arbitration Cl...   Like the plaintiff in ESPE, the plaintiff here argued that the arbitration clause was unenforceable because it would require him to pay some of the arbitrator's fees and expenses, and these expenses would "substantially deter" him from seeking to enforce his civil rights. In support of his argument, the plaintiff cited several cases from three other circuit courts which had held that mandatory arbitration clauses requiring an employee to pay a portion of the arbitrator's fees are unenforceable Ballard Spahr: U.S. Supreme Court to Decide Whether ADEA Plaintiffs Ca...   Solidifying plaintiffs’ rights in this regard, Congress codified that holding in the Civil Rights Act of 1991, two decades after the Griggs decision. The ADEA, however, was not amended in 1991 Ballard Spahr: Supreme Court Sustains EEOC Relation-Back Regulation   The letter, while timely submitted, contained no oath or affirmation verifying that the facts set forth in the letter were true, as required by Title VII of the Civil Rights Act of 1964 for charges of discrimination. The professor subsequently - 13 days after the expiration of the 300-day filing period - submitted to the EEOC a signed and verified charge of discrimination Cooley Godward: Class Status OK in Green Card Case   The Lawyers' Committee for Civil Rights in Texas filed the suit in July with the pro bono help of Cooley Godward in San Francisco. ©2003-2005 Cooley Godward LLP. All rights reserved Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Cooley Godward: Suit Alleges U.S. Stalling in Issuing Green Cards   Cooley Godward: Judge Rejects Federal Policy   Dwyer (a partner with the law firm of Cooley Godward in San Francisco), the Texas Lawyers' Committee for Civil Rights and the Mexican American Legal Defense and Education Fund filed the class action lawsuit against the DHS and USCIS in July last year. National security``On a legal level, this ruling recognizes that legal residents have legal rights that the government can't simply disregard by waving the national security flag,'' Maldonado said Curtis Mallet-Prevost: Extraterritorial Application of U.S. Employment Laws   Title VII of the Civil Rights Act of 1964, as amended. Title VI of the Civil Rights Act of 1964 Epstein Becker & Green: PDF   Civil Rights Tax Relief Benefits Both Sides of the Fence The American Jobs Creation Act of 2004 was signed into law by President Bush on October 22, 2004. Buried within over 600 hundred pages of this extensive corporate tax bill sits section 703, entitled Civil Rights Tax Relief, which prospectively ends double taxation of attorney's fees and costs paid by or on behalf of plaintiffs in specifically enumerated unlawful discrimination lawsuits Epstein Becker & Green: PDF   This problem is particularly acute for employers subject to the requirements of Title VII of the 1964 Civil Rights Act ("Title VII") and Executive Order 11246 who are required to gather information on the racial and sexual identity of their applicants, and retain such records for a one year period. At long last, the Equal Employment Opportunity Commission, the Department of Labor's Office of Federal Contract Compliance Programs, the Department of Justice's Civil Rights Division and the Office of Fisher & Phillips: "Not That There's Anything Wrong With That!&#...   By its express terms, Title VII of the Civil Rights Act of 1964 (the main federal law governing employment discrimination) prohibits employers from discriminating against (and harassing) employees because of race, color, national origin, religion, or sex. While several bills have been proposed in Congress that would add sexual orientation as a protected characteristic under the law, those bills have not become law, and are not likely to do so anytime soon Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Goodwin Procter: Kenneth J. Parsigian   Professional Activities Mr. Parsigian has spoken and authored articles on mass tort issues for the Defense Research Institute and Washington Legal Foundation, and taught Massachusetts Continuing Legal Education courses in civil litigation and professional responsibility classes at Boston University School of Law. He serves on the Board of the Lawyers Committee for Civil Rights and maintains an active pro bono practice, including his current representation of an inmate on death row in Ohio in his Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Littler Mendelson: Fifth Circuit Court of Appeals Recognizes Cause of Acti...   The court compared the language, purposes, and remedial structure of the ADA with that of Title VII of the Civil Rights Act of 1964 and found that both statutes prohibited discrimination with respect to "terms, conditions, or privileges of employment," and were both aimed at eliminating employment discrimination against individuals in a protected class. The court opined, therefore, that because Title VII encompassed a cause of action for harassment, the ADA also provided a cause of action for McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Perkins Coie: Privacy and Information Access   Reed Smith: New Jersey Civil Rights Act Injects Constitutional Righ...   ...write(''); } //-- New Jersey Civil Rights Act Injects Constitutional Rights Into the Private Sector Workplace Sherri A. AffruntiDon A. InnamoratoOn September 10, 2004, New Jersey Governor James E. McGreevey signed into law the "New Jersey Civil Rights Act" (the "NJCRA"). The NJCRA—effective immediately—creates a new claim for violation of a citizen’s rights under the New Jersey and United States Constitutions, and sets up two classes of claims: those which may be brought directly by individuals Sidley Austin: Religious Employer Exemptions: A State by State Guide   SIDLEY AUSTIN BROWN p>ALASKA STATUTE PROHIBITING DISCRIMINATION IN EMPLOYMENT Alaska Human Rights Law Codified in Alaska Statutes (1965) as Title 18, Chapter 80, Sections 18. REPORTED JUDICIAL DECISIONS Alaska USA Federal Credit Union v. Fridriksson, 642 P.2d 804 (1982) In Fridriksson, the Alaska Supreme Court ruled that a non-profit credit union was not exempt from the coverage of the Human Rights Act Thelen Reid & Priest: Click here   Thelen Reid & Priest: Click here   April/May 1999Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination August 1996 Back to Top Thelen Reid ReportsMajor Employment Law Decision for Long-Time Thelen Reid Client October 25, 2000 (Thelen Reid Report No.42)National Labor Relations Board Expanding Weingarten Right to All Employees July 27, 2000 (Thelen Reid Report No.36)401(k) Plan Distributions: The IRS Redesigns the "Same-Desk" Rule May 17, 2000 (Thelen Reid Report No.33)New Voluntary ERISA Fiduciary Compliance Vorys Sater: Employment Discrimination Claims by Nelson D. Cary and ...   Notwithstanding these federal protections, in Ohio, employees may seek relief from small business employers and their agents under the Ohio Civil Rights Act. While much of Ohio s Civil Rights Act mirrors the language and purpose of the federal antidiscrimination statutes, several provisions afford employees who sue under state law broader rights, of which small business employers must be aware Vorys Sater: The OCRC is Knocking at the Door by Steven R. Miller   Jane is the human resources manager for Mid-Size Corp. She arrives at the office one Monday morning and finds a notice from the Ohio Civil Rights Commission (OCRC) in the mail, informing her that Susie has filed a charge of discrimination against Paul, her boss. Susie alleges that Paul discriminated against her based on her pregnancy by failing to promote her to manager Weil: Assessment Of Evidence In "Mixed Motive" Disc...   Replace Font Tag Employer Update Assessment Of Evidence In "Mixed Motive" Discrimination Cases October 2003 Download Newsletterby Jeffrey S. Klein, Nicholas J. Pappas and Philip F. Repash In the Civil Rights Act of 1991, amending Title VII, Congress clarified, among other things, the standard for causation in the context of so-called mixed motive cases. The Civil Rights Act of 1991 provided that an unlawful employment practice is established when the complaining party demonstrates that race, Winston Strawn: Recent Environmental Justice Decision by EPA   Winston Strawn: U.S. Supreme Court Rejects Cap on Front Pay Damages   Winston Strawn: Employee Testers Can Sue Under Title VII in Federal Cou...   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- blnIsHome=false School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Albert J. Solecki   Hire Authority Volume 2   Employment and Labor Alert - November 11   EMPLOYMENT AND LABOR New Law Gives Favorable Federal Income Tax Treatment To Attorney Fee Awards In Civil Rights Cases. Section 703 of the Act,entitled"Civil RightsTax Relief," makes a significant change in the law with respect to the federal income tax treatment of amounts paid by civil rights plaintiffs (or paid on their behalf) in attorneys' fees and court costs and, as a result, has important implications for settlements in civil rights cases Peterson v. Hewlett-Packard Co. (9th Cir. January 6   Peterson sued the Company, claiming disparate treatment under Title VII of the Civil Rights Act. He claimed that he was terminated on account of his religious views, and that the Company failed to accommodate his religious beliefs Bulletin 02-13   For more headlines visit "Firm News" View upcoming "Events" Contact Site Map Disclaimer Privacy Using this site means you accept its terms © 2001-2006 Pillsbury Winthrop Shaw Pittman LLP. All Rights Reserved September 28   ...htm CALIFORNIA PERMITS SPAM SUITS California has enacted a law clarifying private rights of action against anti-spam law violators. nsf/is/a0a9v3z4t1 (paid subscription required) NO HIPAA FINES TO DATE The federal agency charged with enforcing the privacy rules under the Health Insurance Portability and Accountability Act (HIPAA), the Office of Civil Rights of the Department of Health and Human Services, to date has levied no monetary fines for infractions of the rules Health Care Alert - April 22   Within HHS, the Office of Civil Rights ("OCR") is charged with enforcing compliance with the Privacy Rule, and the Centers for Medicare and Medicaid Services ("CMS") is charged with enforcing the remaining HIPAA rules (e. The Interim Rule addresses procedures for investigations, imposition of civil money penalties ("CMPs") and hearings In the Courts (ADA   The subject of an on-the-job internet porn episode has no remedy under the state civil rights law, according to an Ohio appeals court. A firefighter who passed around a picture resembling the plaintiff, a paramedic, among several of his co-workers for two days engaged in “deplorable” actions, the appeals court said, but “they simply do not constitute sufficiently severe or pervasive harassment to be actionable” under state law : Media Law August 1999   ...value = ""; } } Newsletters and Alerts -- Click here to Subscribe Alcohol Beverage Aviation Bankruptcy and Creditors' Rights Base Realignment, Closures and Privatization Business and Tax Alert Business Notes Construction and Design Construction and Design Alert Corporate Diversity Counseling Education Education Alert Employment Letter. 1996-2006 Holland & Knight LLP. All rights reserved : In The Courts (damages   He challenged the action through the union grievance procedure, filed an EEOC charge, and later sued the company for violation of Title VII of the 1964 Civil Rights Act, the ADA, and Florida law. He also claimed that he was denied overtime in retaliation for his complaints; instead of earning up to $20,000, he made less than $2,000 a year in overtime after he complained of discrimination Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   7806 Practice Area: Labor and Employment Don Livingston leads the labor and employment practice group in Washington, D.C. Mr. Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on complex employment litigation. Since joining Akin Gump in 1993, he has served as defense litigation counsel in numerous fair employment class actions, including Gutierrez v. Hooters, Inc., which The Washington Post termed EEOC's "biggest defeat." Mr. Akin Gump: Alerts   The juridical link doctrine first appeared in injunction actions involving civil rights claims and due process or equal protection challenges to government actions or policies. In one of the first cases that applied the rule beyond its traditional civil rights/government action context, a federal court permitted a plaintiff to bring a class action lawsuit against all pawn brokers in the state of Oregon alleging that each of them had committed similar violations of the Truth in Lending Act, even Ballard Spahr: To The Victor Belong The Spoils: Supreme Court Limits A...   1835 (May 29, 2001), most civil rights plaintiffs may recover attorney's fees only when they receive some form of court-ordered relief. Most federal civil rights statutes include or are subject to fee-shifting provisions that grant courts discretion to award attorney's fees to the "prevailing party" in a lawsuit Ballard Spahr: Update: Members Of Congress Move To Overrule Circuit Ci...   Three months after the Circuit City decision, a group of 37 members of Congress introduced a bill, titled the "Preservation of Civil Rights Protections Act of 2001." If enacted, the bill (H.R. 2282, June 21, 2001) would ensure that "any clause of any agreement between an employer and an employee that requires arbitration of a claim arising under the Constitution or laws of the United States shall not be enforceable." The bill does provide exceptions for arbitration clauses in collective Ballard Spahr: Seventh Circuit Limits Damages on ADA Retaliation Claim   The court in Kramer found that the 1991 amendments to Title VII of the Civil Rights Act of 1964 that made compensatory and punitive damages available for the first time did not apply to retaliation claims under the ADA. Because only equitable relief, including back pay, is available, the court found that a jury trial is not available for ADA retaliation claims. To date, neither the United States Court of Appeals for the Third Circuit nor any district court within the Third Circuit has addressed Ballard Spahr: Eastern District of Pennsylvania Upholds Arbitration Cl...   Like the plaintiff in ESPE, the plaintiff here argued that the arbitration clause was unenforceable because it would require him to pay some of the arbitrator's fees and expenses, and these expenses would "substantially deter" him from seeking to enforce his civil rights. In support of his argument, the plaintiff cited several cases from three other circuit courts which had held that mandatory arbitration clauses requiring an employee to pay a portion of the arbitrator's fees are unenforceable Ballard Spahr: U.S. Supreme Court to Decide Whether ADEA Plaintiffs Ca...   Solidifying plaintiffs’ rights in this regard, Congress codified that holding in the Civil Rights Act of 1991, two decades after the Griggs decision. The ADEA, however, was not amended in 1991 Ballard Spahr: Supreme Court Sustains EEOC Relation-Back Regulation   The letter, while timely submitted, contained no oath or affirmation verifying that the facts set forth in the letter were true, as required by Title VII of the Civil Rights Act of 1964 for charges of discrimination. The professor subsequently - 13 days after the expiration of the 300-day filing period - submitted to the EEOC a signed and verified charge of discrimination Cooley Godward: Class Status OK in Green Card Case   The Lawyers' Committee for Civil Rights in Texas filed the suit in July with the pro bono help of Cooley Godward in San Francisco. ©2003-2006 Cooley Godward LLP. All rights reserved Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Cooley Godward: Suit Alleges U.S. Stalling in Issuing Green Cards   Cooley Godward: Judge Rejects Federal Policy   Dwyer (a partner with the law firm of Cooley Godward in San Francisco), the Texas Lawyers' Committee for Civil Rights and the Mexican American Legal Defense and Education Fund filed the class action lawsuit against the DHS and USCIS in July last year. National security``On a legal level, this ruling recognizes that legal residents have legal rights that the government can't simply disregard by waving the national security flag,'' Maldonado said Curtis Mallet-Prevost: Extraterritorial Application of U.S. Employment Laws   Title VII of the Civil Rights Act of 1964, as amended. Title VI of the Civil Rights Act of 1964 Epstein Becker & Green: PDF   Civil Rights Tax Relief Benefits Both Sides of the Fence The American Jobs Creation Act of 2004 was signed into law by President Bush on October 22, 2004. Buried within over 600 hundred pages of this extensive corporate tax bill sits section 703, entitled Civil Rights Tax Relief, which prospectively ends double taxation of attorney's fees and costs paid by or on behalf of plaintiffs in specifically enumerated unlawful discrimination lawsuits Epstein Becker & Green: PDF   This problem is particularly acute for employers subject to the requirements of Title VII of the 1964 Civil Rights Act ("Title VII") and Executive Order 11246 who are required to gather information on the racial and sexual identity of their applicants, and retain such records for a one year period. At long last, the Equal Employment Opportunity Commission, the Department of Labor's Office of Federal Contract Compliance Programs, the Department of Justice's Civil Rights Division and the Office of Fisher & Phillips: "Not That There's Anything Wrong With That!&#...   By its express terms, Title VII of the Civil Rights Act of 1964 (the main federal law governing employment discrimination) prohibits employers from discriminating against (and harassing) employees because of race, color, national origin, religion, or sex. While several bills have been proposed in Congress that would add sexual orientation as a protected characteristic under the law, those bills have not become law, and are not likely to do so anytime soon Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Goodwin Procter: Inez H. Friedman-Boyce   She is an alumna of the LeadBoston Class of 2002 and a member of the board of directors of the Lawyers Committee for Civil Rights Under Law of the Boston Bar Association. In September 1999, she received the award for Outstanding Commitment to Civil Rights in the Next Century in recognition of her work on that case Goodwin Procter: Kenneth J. Parsigian   Professional Activities Mr. Parsigian has spoken and authored articles on mass tort issues for the Defense Research Institute and Washington Legal Foundation, and taught Massachusetts Continuing Legal Education courses in civil litigation and professional responsibility classes at Boston University School of Law. He serves on the Board of the Lawyers Committee for Civil Rights and maintains an active pro bono practice, including his current representation of an inmate on death row in Ohio in his Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON LOS ANGELES PASADENA SAN ANTONIO WASHINGTON, D.C. McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Perkins Coie: Privacy and Information Access   Sidley Austin: Religious Employer Exemptions: A State by State Guide   SIDLEY AUSTIN BROWN p>ALASKA STATUTE PROHIBITING DISCRIMINATION IN EMPLOYMENT Alaska Human Rights Law Codified in Alaska Statutes (1965) as Title 18, Chapter 80, Sections 18. REPORTED JUDICIAL DECISIONS Alaska USA Federal Credit Union v. Fridriksson, 642 P.2d 804 (1982) In Fridriksson, the Alaska Supreme Court ruled that a non-profit credit union was not exempt from the coverage of the Human Rights Act Thelen Reid & Priest: Click here   Thelen Reid & Priest: Click here   April/May 1999Recent Developments Affecting Civil Rights Lawsuits for Age Discrimination August 1996 Back to Top Thelen Reid ReportsMajor Employment Law Decision for Long-Time Thelen Reid Client October 25, 2000 (Thelen Reid Report No.42)National Labor Relations Board Expanding Weingarten Right to All Employees July 27, 2000 (Thelen Reid Report No.36)401(k) Plan Distributions: The IRS Redesigns the "Same-Desk" Rule May 17, 2000 (Thelen Reid Report No.33)New Voluntary ERISA Fiduciary Compliance Vorys Sater: Employment Discrimination Claims by Nelson D. Cary and ...   Notwithstanding these federal protections, in Ohio, employees may seek relief from small business employers and their agents under the Ohio Civil Rights Act. While much of Ohio s Civil Rights Act mirrors the language and purpose of the federal antidiscrimination statutes, several provisions afford employees who sue under state law broader rights, of which small business employers must be aware White and Williams: Age Discrimination Need Not Be Deliberate   Disparate impact claims have long been permitted under Title VII of the 1964 Civil Rights Act, which bans discrimination based on sex, religion, race, and national origin. 2006 White and Williams, LLP All Rights Reserved Winston Strawn: Recent Environmental Justice Decision by EPA   Winston Strawn: U.S. Supreme Court Rejects Cap on Front Pay Damages   Winston Strawn: Employee Testers Can Sue Under Title VII in Federal Cou...   Considering Employment Law   By Dick Thornburgh and David R. Fine As the 2001-02 Term passes its midpoint, the U.S. Supreme Court's focus remains where it has been for the lastseveralterms,onemployment-discriminationlaw,civil rights, employee benefits and telecommunications law. The full Ninth Circuit held that an employer's duty to accommodate an employee with a disability by transferring that employee to a new position takes priority over other employees'seniorityrights Swing Sweat   Nossaman Guthner Knox tt | Information Center | Attorney Authored Article Detail INFORMATION CENTERPress ReleasesMedia CoverageAttorney Authored ArticlesPresentationsConferences sE-Alerts Attorney Authored Article Detail Back Civil Rights/Constitutional Law Contact Us | -- Copyright | Terms & Conditions -- -- -- -- -- -- -- -- -- blnIsHome=false School Sports - Use of Native American Team Names   Shortly thereafter, the U.S. Commission on Civil Rights recommended that the use of Native American team names, mascots and logos end. The United States Commission on Civil Rights said the following in an April 13, 2001 statement: These Indian-based symbols and team names are not accurate representations of Native Americans Hire Authority Volume 2   Employment and Labor Alert - November 11   EMPLOYMENT AND LABOR New Law Gives Favorable Federal Income Tax Treatment To Attorney Fee Awards In Civil Rights Cases. Section 703 of the Act,entitled"Civil RightsTax Relief," makes a significant change in the law with respect to the federal income tax treatment of amounts paid by civil rights plaintiffs (or paid on their behalf) in attorneys' fees and court costs and, as a result, has important implications for settlements in civil rights cases %202000%20Race%20Discrimination.htm   Thelen Reid Brown Raysman er LLPAll rights reserved. PRIVACY, legal notices, and terms and conditions Peterson v. Hewlett-Packard Co. (9th Cir. January 6   Peterson sued the Company, claiming disparate treatment under Title VII of the Civil Rights Act. He claimed that he was terminated on account of his religious views, and that the Company failed to accommodate his religious beliefs Bulletin 02-13   ...html','careers','width=768,height=500'); } Contact -- Site Map Disclaimer Privacy Using this site means you accept its terms -- ©2001-2007 Pillsbury Winthrop Shaw Pittman LLP. All Rights Reserved. 1540 Broadway, New York, NY 10036-4039 September 28   2007 Blank Rome LLP. All Rights Reserved Manatt v. Bank of America 03 C.D.O.S. 6613 (9th Cir.   Manatt filed her lawsuit, claiming, among other things, that the alleged racial epithets violated the equal rights provisions of §1981, which guarantees "all persons" the same right as white citizens to "make and enforce contracts." She claimed that the alleged hostile work environment created by the epithets impacted her working conditions and privileges under her employment "contract" with the Bank. In granting summary judgment for the Bank, the Ninth Circuit held that §1981, like Title VII of Finally   Labor, Employment ration 1) That blondes are not a protected class under Title VII of the Civil Rights Act. Well, they're not and you can now dust off all those old jokes : Media Law August 1999   ...value = ""; } } Newsletters and Alerts -- Click here to Subscribe Alcohol Beverage Aviation/Centerline Bankruptcy and Creditors' Rights Base Realignment, Closures and Privatization Business and Tax Alert Business Notes Campaign Finance China Construction and Design Construction and Design Alert Corporate Diversity Counseling Education Education Alert Employment Letter. 1996-2007 Holland & Knight LLP. All rights reserved : Bell v. Clackamas County (9th Cir.   Thereafter, Bell sued the Sheriff and several of his supervisors for discrimination and retaliation under Title VII of the Civil Rights Act. A jury returned a verdict in his favor, awarding him over $1 million in damages Akin Gump: U.S. Supreme Court Sets Standard for Punitive Damages U...   Mr. Livingston represents large employers in all aspects of civil rights and employment discrimination law, with an emphasis on complex employment litigation. Since joining Akin Gump in 1993, he has served as defense litigation counsel in numerous fair employment class actions, including Gutierrez v. Hooters, Inc., which The Washington Post termed EEOC's "biggest defeat." Mr. Livingston is a former general counsel of the U.S. Equal Employment Opportunity Commission, where he was responsible for Akin Gump: Alerts   The juridical link doctrine first appeared in injunction actions involving civil rights claims and due process or equal protection challenges to government actions or policies. In one of the first cases that applied the rule beyond its traditional civil rights/government action context, a federal court permitted a plaintiff to bring a class action lawsuit against all pawn brokers in the state of Oregon alleging that each of them had committed similar violations of the Truth in Lending Act, even Ballard Spahr: To The Victor Belong The Spoils: Supreme Court Limits A...   1835 (May 29, 2001), most civil rights plaintiffs may recover attorney's fees only when they receive some form of court-ordered relief. Most federal civil rights statutes include or are subject to fee-shifting provisions that grant courts discretion to award attorney's fees to the "prevailing party" in a lawsuit Ballard Spahr: Seventh Circuit Limits Damages on ADA Retaliation Claim   The court in Kramer found that the 1991 amendments to Title VII of the Civil Rights Act of 1964 that made compensatory and punitive damages available for the first time did not apply to retaliation claims under the ADA. Because only equitable relief, including back pay, is available, the court found that a jury trial is not available for ADA retaliation claims. To date, neither the United States Court of Appeals for the Third Circuit nor any district court within the Third Circuit has addressed Ballard Spahr: Update: Members Of Congress Move To Overrule Circuit Ci...   Three months after the Circuit City decision, a group of 37 members of Congress introduced a bill, titled the "Preservation of Civil Rights Protections Act of 2001." If enacted, the bill (H.R. 2282, June 21, 2001) would ensure that "any clause of any agreement between an employer and an employee that requires arbitration of a claim arising under the Constitution or laws of the United States shall not be enforceable." The bill does provide exceptions for arbitration clauses in collective Ballard Spahr: U.S. Supreme Court to Decide Whether ADEA Plaintiffs Ca...   Solidifying plaintiffs’ rights in this regard, Congress codified that holding in the Civil Rights Act of 1991, two decades after the Griggs decision. The ADEA, however, was not amended in 1991 Ballard Spahr: Eastern District of Pennsylvania Upholds Arbitration Cl...   Like the plaintiff in ESPE, the plaintiff here argued that the arbitration clause was unenforceable because it would require him to pay some of the arbitrator's fees and expenses, and these expenses would "substantially deter" him from seeking to enforce his civil rights. In support of his argument, the plaintiff cited several cases from three other circuit courts which had held that mandatory arbitration clauses requiring an employee to pay a portion of the arbitrator's fees are unenforceable Cooley Godward: Employer-Mandated ADR Programs Come Under Attack   Ninth Circuit Refuses to Enforce Agreement Requiring Employee to Arbitrate Sex Harassment Claim Duffield vs. Robertson Stevens, 98 C.D.O.S. 3492 (May 8, 1998) held that employers couldn't require workers to arbitrate their civil rights claims as a condition of their employment. The court found that under the federal Civil Rights Act of 1991 (the "Act"), employers may not compel employees to waive their Title VII right to a judicial forum, including a jury trial Curtis Mallet-Prevost: Extraterritorial Application of U.S. Employment Laws   Title VII of the Civil Rights Act of 1964, as amended. Title VI of the Civil Rights Act of 1964 Epstein Becker & Green: PDF   Civil Rights Tax Relief Benefits Both Sides of the Fence The American Jobs Creation Act of 2004 was signed into law by President Bush on October 22, 2004. Buried within over 600 hundred pages of this extensive corporate tax bill sits section 703, entitled Civil Rights Tax Relief, which prospectively ends double taxation of attorney's fees and costs paid by or on behalf of plaintiffs in specifically enumerated unlawful discrimination lawsuits Epstein Becker & Green: PDF   This problem is particularly acute for employers subject to the requirements of Title VII of the 1964 Civil Rights Act ("Title VII") and Executive Order 11246 who are required to gather information on the racial and sexual identity of their applicants, and retain such records for a one year period. At long last, the Equal Employment Opportunity Commission, the Department of Labor's Office of Federal Contract Compliance Programs, the Department of Justice's Civil Rights Division and the Office of Fisher & Phillips: "Not That There's Anything Wrong With That!&#...   Garvey Schubert Barer: Commenters Debate FCC?s Common Ownership Rule   By contrast, the public interest groups take the position that there can never be "enough" civil discourse, and that the First Amendment’s goal of "information dissemination from diverse and antagonistic sources" would be diminished by any relaxation of the current rule. The consumer groups maintain that diversity cannot be measured by any empirical test, such as the number of media outlets, the number of content providers, or even the number of points of view Jenkens & Gilchrist: Los Angeles Franchise Shareholder Jon Solish Quoted in ...   Solish was quoted as the attorney who handled the franchise aspects of Denny's civil rights cases. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON SAN ANTONIO Jenkens & Gilchrist: Dallas Litigation Shareholder Quoted in Texas Lawyer   The item in the "Inadmissible" column highlights the decision by a judge regarding requests to seal the deposition of a local assistant DA in a civil rights suit over the Dallas police department "fake-drug" scandal. Back to Top | News & Information Seminars & Events AUSTIN CHICAGO DALLAS HOUSTON SAN ANTONIO McGlinchey Stafford: About Health Care (new HIPAA guidance)   McGlinchey Stafford: Circumstantial Evidence   She sued, claiming sex discrimination under Title VII of the Civil Rights Act. In concurring, Supreme Court Justice Sandra Day O’Connor said that the person filing the lawsuit must show “direct evidence.” Then, in 1991, Congress attempted to clear the confusion with an amendment to the 1964 Civil Rights Act McGlinchey Stafford: Feudal System (professional employee guidance)   The complaint in question was filed under the Americans with Disabilities Act, but its impact could be felt by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. All these laws provide compliance exceptions for business entities with fewer than 15 employees during at least 20 weeks over the period of a year McGlinchey Stafford: Outlook 2003 (labor and employment agenda)   The National Labor Relations Board begins 2003 with a full five-member board for the first time in more than two years, and the Equal Employment Opportunity Commission, as the country’s chief civil rights enforcement agency, is looking toward the expanded use of alternative dispute resolution. Although facing potential budget cuts, the Occupational Safety and Health Administration plans to tackle emergency response issues Morris: "Important New Court Decisions Regarding Physician...   He brought claims under the retaliatory discharge provisions of the False Claims Act, the Civil Rights Act of 1871, and various state law claims, including one under the Georgia RICO statute. Mr. O'Neal appealed his claims, among others, for violation of the Civil Rights Act of 1871 and the Georgia RICO statute Sidley Austin: Questions and Answers About the Religious Land Use Law ...   Thebookletwaspreparedandreviewedbyattorneysandothersassociatedwith the Coalition for the Free Exercise of Religion, a national alliance of more than 70 religious and civil rights groups dedicated to preserving our nation's heritage of religious freedom. 8 Will State RFRAs Cancel Other Civil Rights Laws Vorys Sater: Employment Discrimination Claims by Nelson D. Cary and ...   Notwithstanding these federal protections, in Ohio, employees may seek relief from small business employers and their agents under the Ohio Civil Rights Act. While much of Ohio s Civil Rights Act mirrors the language and purpose of the federal antidiscrimination statutes, several provisions afford employees who sue under state law broader rights, of which small business employers must be aware Vorys Sater: The OCRC is Knocking at the Door by Steven R. Miller   Jane is the human resources manager for Mid-Size Corp. She arrives at the office one Monday morning and finds a notice from the Ohio Civil Rights Commission (OCRC) in the mail, informing her that Susie has filed a charge of discrimination against Paul, her boss. Susie alleges that Paul discriminated against her based on her pregnancy by failing to promote her to manager Weil: Assessment Of Evidence In "Mixed Motive" Disc...   The Civil Rights Act of 1991 provided that an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. 1 Although the Civil Rights Act of 1991 clarified the standard for a finding of causation where the plaintiff proved the existence of a mixed motive, the Act was silent as to the type of the evidence which White and Williams: Age Discrimination Need Not Be Deliberate   Disparate impact claims have long been permitted under Title VII of the 1964 Civil Rights Act, which bans discrimination based on sex, religion, race, and national origin. 2007 White and Williams, LLP All Rights Reserved Want Alerts, Online Saving Options, Publishing Capabilities, and More? 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