Civil Rights › Conflict of Laws

What Gay Couples Can Expect If DOMA Falls

The U.S. Supreme Court is expected to rule on a challenge to the federal Defense of Marriage Act (“DOMA”) before its summer recess, and legal experts are already in disarray over what the ruling could mean for same-sex...more

EEOC Makes Protecting Rights Of LGBT Workers A Top Priority

As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

U.S. Supreme Court Hears DOMA Case—Now What?

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

New York Appeals Court Applies Liberal Standard in Reinstating a Sex Bias Claim Under the City Human Rights Law

In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New York City Human Rights Law (“NYCHRL”). The plaintiffs in Hernandez, et al. v....more

Can You Be Fired for Using Medical Marijuana?

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more

LIttle Nell, et. al. v. City of Houston, et. al.

Immunity and Jurisdictional Drainage Fee Flow Chart

Jurisdictional Flow Chart created in response to a Plea to the Jurisdiction filed by the City of Houston and Daniel Krueger, in his official capacity, claiming the 129th District Court of Harris County, Texas, has no...more

Supreme Court To Hear Two Gay Marriage Cases

The Supreme Court announced on Friday that it would take up two cases which challenge the constitutionality of bans on LGBT marriage. In one case, the court will rule on the Defense of Marriage Act, which bans federal...more

Second Circuit Overturns Pryor Cashman Client’s Bank Fraud and Aggravated Identity Theft Convictions

New York Law Journal November 15, 2012 Press Release and Media Coverage In a major decision announced November 8, 2012, the U.S. Court of Appeals for the Second Circuit has overturned Pryor Cashman client Felix Nkansah’s...more

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

Third DCA Holds that Florida Civil Rights Act Does Not Prohibit Pregnancy Discrimination, Certifies Conflict with 4th DCA

Florida’s Third District Court of Appeal is the latest appellate court in Florida to rule that the Florida Civil Rights Act (“FCRA”) does not prohibit pregnancy discrimination. In Delva v. The Continental Group, Inc.,...more

Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate VII

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title...more

Employers May Not Be Entitled to Full Disclosure of Potential EEOC Class Action Before Suit Is Filed

Employers often expect that, before the EEOC can expand a single-employee EEOC charge into a class action lawsuit, the EEOC must explain the scope of any potential class action and offer an employer the opportunity to resolve...more

What You Need to Know About LGBT Marriage

When President Obama announced his support for gay marriage earlier this month, he was echoing a sentiment that more and more Americans have come to believe – that LGBT citizens have the same right to formalize their love in...more

Justices Seem Open To Upholding Ariz. Immigration Law

Originally published in Law360, New York (April 25, 2012, 4:53 PM ET) The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more

The EEOC Recognizes a Cause of Action under Title VII for Transgender Discrimination

We are not sure how many of you have run into this situation in your workforce yet. But we wanted to let you know in the event you do that the EEOC has recently confirmed that “transgender discrimination” is actionable under...more

United States of America v. Jason Wayne Pleau, Lincoln D. Chafee, Intervenor

Stephen Hopkins Center for Civil Rights Amicus Brief

In this action the U.S. Attorney has asserted jurisdiction over a defendant in Rhode Island custody charged with a murder, first via request under the Interstate Agreement on Detainers (“IAD”), 18 USC App. § 2, and then by...more

If in Doubt, File the Complaint for Limitation of Liability

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Discharge of Pilot Arrested for Drug Possession Did Not Violate ERISA

The Eighth Circuit Court of Appeals recently upheld a federal trial court's determination that a pilot's ERISA lawsuit based on his termination was not precluded by the Railway Labor Act (RLA) and that the employer did not...more

Forced Organ Extraction Loophole: Children

New York Times Best Selling author Jodi Picoult’s most popular novel, My Sister’s Keeper, tells the story of a child who was conceived in order to harvest her blood and tissue for her older sister who suffers from leukemia....more

Same Sex Marriage and DOMA - Immigration and Divorce Issues

This article reviews the Defense of Marriage Act (DOMA) and how state law legalizing same sex marriage conflicts with the federal law. It examines two areas specifically: immigration and divorce. This is becoming a legal...more

Airline Managment Newsletter - August 2011

In this issue: Sixth Circuit Clarifies Employee's Burden of Proof for ADA Association Discrimination Claim Under the Distraction Theory; Wrongful Discharge Claim Preempted by the RLA; Former Airline Employee's Disability...more

Corporatize Corruption

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

New Jerseyans with Disabilities: Still Second Class Citizens

New Jerseyans with disabilities are still second class citizens, despite Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Indivisuals with Disabilities Education Acr, and New Jersey's Law...more