Construction Law › Civil Rights

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Virginia Federal Court Applies Continuing Violation Theory To Extend FHA Statute Of Limitations

On January 29, the U.S. District Court for the Western District of Virginia invoked the continuing violation theory in refusing to bar an otherwise untimely Fair Housing Act discrimination claim. Nat’l Fair Hous. Alliance,...more

Minority Business Enterprise Program Adds New Wrinkles

Last fall, Maryland’s renewed Minority Business Enterprise Program was re-enacted with important additions. The updated statute incorporates recommendations and comments that the State received from the Governor’s Office of...more

Public Accommodations With Pools And Spas Have January 31 ADA Deadline

All hotels, health clubs and other public accommodations must retrofit their existing pools and spas with either a pool lift or sloped entry ramp by January 31, 2013, in compliance with the Department of Justice's (DOJ's)...more

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs ("OFCCP") published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions ("Unified Agenda"), as required by Executive...more

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more

OFCCP Announces 2013 Agenda

On December 21, 2012, the Office of Federal Contracts Compliance Programs (“OFCCP”) published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”), as required by Executive...more

Pool and Spa Accessibility Requirements Take Effect on January 31

On January 31, 2013, the deadline for lodging facilities and other places of public accommodation to comply with new accessibility regulations for pools and spas takes effect. The regulations were issued by the Department of...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Construction Newsletter -- November 2012: New California Law Reforms Disability Access Litigation

On September 19, 2012, Gov. Jerry Brown signed into law Senate Bill 1186, aiming to help California business owners guard against costly, predatory lawsuits filed under the Americans with Disabilities Act (ADA) and...more

Property Owners Have No Indemnification or Other Liability-Shifting Rights Against Consultants Whose Advice Results in ADA Title...

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance...more

Should Courts Use Varying Standards For Sexual Harassment Claims Based On Industry?

The United States Court of Appeals for the Fifth Circuit held that it is not “the business of the federal courts generally to clean up the language and conduct of construction sites” and held that an employer who exhibited...more

Employment Law Newsletter - September 2012

In This Issue: - Misclassifying Employees Results in $101,000 in Back Wages Charged to Local Business......................Page 1 - Should Courts Use Varying Standards for Sexual Harassment Claims Based on...more

Embracing Wal-Mart & Distinguishing McReynolds, The Seventh Circuit Reverses Class Certification Of Sprawling (And Stale) Classes

On August 8, 2012, the U.S. Court of Appeals for the Seventh Circuit reversed an order certifying large classes in a lawsuit alleging race discrimination and hostile work environment. Bolden v. Walsh Construction Co., Case...more

Two Death Threats Against Foreman Land Employee Five-Day Suspension: Employer Required to Act

The Ontario Labour Relations Board, sitting as an arbitrator, has upheld a five-day suspension against a construction employee who admitted that he threatened twice, over two days, to kill his foreman. The OLRB referred...more

New Guidance on Imposing Personal Liability on Construction Firm Owners for Consumer Fraud Act claims

Earlier this year, the New Jersey Supreme Court in Allen v. V & A Brothers, Inc., 208 N.J. 114 (2011), ruled on the question of whether officers, owners, managers and/or employees of businesses providing services to consumers...more

Jump Start for 2011

In this issue: High Court Asked to Broaden Scope of Prop.; Tribe's Suit Over Tejon Ranch is Dismissed; Solar Project Firms See a Wave of Legal Challenges; Angels Fans Must Build 'Class' to Proceed; and more... Please see...more

The DOJ's New ADA Regulations and Accessibility Guidelines

Guidelines Affect Places of Public Accommodation, and State and Local Governmental Entities On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and...more

Changes In ADA Accessibility Standards Are On The Way

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA). The ADA provided broad anti-discrimination prohibitions against disabled individuals in several areas, including...more

Right To Counsel

You have a right to the representation of an attorney when you are charged with a crime, regardless of your ability to pay. How is this right applied, and what are some remedies when it's violated?...more

The 4th Amendment - Search And Seizure

The 4th Amendment to the U.S. Constitution guarantees all citizens a right to be free from unreasonable search and seizure of their persons and property. However, it doesn't actually say what constitutes and...more

U.S. Justice Department's New ADA Regulations and Accessibility Guidelines for Places of Public Accommodation and Public Entities

On July 23, 2010, the U.S. Department of Justice (DOJ) released new regulations, under title II and title III of the Americans with Disabilities Act (ADA), on accessibility for public entities and places of public...more

The Housing Advocates, Inc. v. Berardi + Partners, Inc., et al., Slip Copy, 2010 WL 4905547 (N.D.Ohio 2010)

Order Denying Defendants' Motions for Summary Judgment - Issues of Standing and Statute of Limitations Under FHAA

In The Housing Advocates, Inc. v. Berardi + Partners, Inc., et al., Slip Copy, 2010 WL 4905547 (N.D.Ohio 2010), Judge Gwin of the United States District Court for the Northern District of Ohio rejected arguments that The...more

OFCCP Plans "Listening Sessions" on Upcoming Regulatory Actions

The U.S. Department of Labor recently released its Semiannual Regulatory Agenda, in which the agency announced its regulatory agenda and priorities for the upcoming year. Included in this announcement are three planned...more

Overview of the story in my book "Command Influence" The Politics of Injustice

My book: "Command Influence",The Politics of Injustice can now be purchased on Amazon Kindle eBooks for $9.95. See my website ;www.rshaines.com for Information about the book.The soft cover is now being printed and will...more