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Keeping Criminal Background Checks in Check
It is no secret that many employers commonly ask about criminal background information during employment application processes, and doing so is not in itself illegal. The effect of screening out those with criminal or even arrest records, however, has been shown to be disproportionately discriminatory toward African-Americans and Latinos. Under Title VII of the Civil Rights Act of 1964, it is unlawful to exclude individuals from employment because of their race or national origin. By requesting criminal background information, employers are at risk of unlawfully discriminating against minorities, even if that is not their intention.Deafness as a Disability: A Discussion of the ADAAA Principles
In 2008, Congress undertook a task that was over 20 years in the making. The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was supposed to signal a new way for federal courts, judges, lawyers and litigants to evaluate disability claims.France Repeals Sexual Harassment Law for Being Too Vague
The children's lyrical rhyme "I see London, I see France ... " has taken on a whole new meaning.Court Cautions Not 'Cheapening' Fee Petition for Prevailing Plaintiffs
I recently had the pleasure of reading an opinion from the Eastern District of Pennsylvania refusing to "cheapen" an attorney's fee petition, citing the successful plaintiff's award as an "essential part of enforcement of our civil rights laws."Public Interest Law Day And Awards Ceremony
The Public Interest Section of the Philadelphia Bar Association will kick off the 2006 holiday season with an exciting CLE, known as Public Interest Law Day.Circuits Split on Considering Prior Settlement Offers in Attorney Fees
In 2009, this column reported on the U.S. Court of Appeals for the Third Circuit's use of a rejected settlement offer as a means of reducing an attorney's fee award to the prevailing party.Ushering in a New Era Under the ADA Amendments Act
As most employment lawyers know, the passage of the Americans with Disabilities Act, or ADA, in 1990 dramatically changed the way employers did business, and guaranteed opportunities to hundreds of thousands of disabled employees.Gross Decision May Result in More Older Workers Being Fired
Last week, the U.S. Supreme Court made it a whole lot harder for victims of age discrimination to get relief under the Age Discrimination in Employment Act of 1967, or ADEA.3rd Circuit Dishes Out Pay Cut to Successful Attorney
The economy is in such a downturn that even the courts are dishing out pay cuts for attorneys. Attorneys who make some or all of their living off of the hope that a contingency fee agreement amounts to some pecuniary award have been handed the additional fear and financial uncertainty that a decision to reject a settlement offer could result in the court throwing it back in the attorney's face in the form of a fee reduction. Apparently, prevailing at trial no longer means you will get paid a reasonable sum for winning.Are Employers Discriminating Against Unemployed Job Applicants?
Are employers unlawfully discriminating against job applicants who are unemployed? The Equal Employment Opportunity Commission, or EEOC, is making an inquiry into this issue, in particular into whether those in protected classes are being subject to disparate treatment by employers not considering job applicants who are not currently working.Trending Stories
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