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March 23, 2012 | The Legal Intelligencer

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.
8 minute read
April 26, 2013 | The Legal Intelligencer

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.
7 minute read
May 25, 2012 | The Legal Intelligencer

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.
5 minute read
February 22, 2013 | The Legal Intelligencer

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."
7 minute read
November 28, 2006 | The Legal Intelligencer

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.
6 minute read
October 26, 2012 | The Legal Intelligencer

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.
5 minute read
January 23, 2009 | The Legal Intelligencer

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.
7 minute read
June 26, 2009 | The Legal Intelligencer

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.
8 minute read
September 25, 2009 | The Legal Intelligencer

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.
8 minute read
February 25, 2011 | The Legal Intelligencer

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.
6 minute read