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General Business Civil Rights

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

JSH Reporter - Fall 2017

It has been over one year since our last issue, and we are pleased to share several resources with you, including important case summaries, law updates, attorney-authored articles, and firm news and events. Please see full...more

Light at the end of the tunnel: House passes bill to curb serial ADA lawsuits

The United States House of Representatives recently passed a bill aimed at stemming the floodtide of Americans with Disabilities Act (ADA) lawsuits brought by a small number of serial plaintiffs. The bill, the ADA Education...more

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

by Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Whistleblowers at the Supreme Court: Part II – Impact of the Somers Decision

by Thomas Fox on

Last week the US Supreme Court issued its decision in Digital Realty Trust v. Somers (Somers). It was a closely watched case in the compliance community. Yesterday, I reviewed the Court’s decision. ...more

Whistleblowers at the Supreme Court: Part I – Supreme Court Decision in Somers

by Thomas Fox on

Last week the US Supreme Court issued its decision in Digital Realty Trust v. Somers (Somers). It was a closely watched case in the compliance community as the Court had the opportunity to directly decide the question of who...more

Supreme Court Narrows Whistleblower Definition Under Dodd-Frank: Now Are Your Company’s Compliance Systems in Order?

On February 21, 2018, the U.S. Supreme Court ruled in Digital Realty Trust Inc. v. Somers that “Dodd-Frank’s anti-retaliation provision does not extend to an individual, like Somers, who has not reported a violation of the...more

Limiting the Scope of Anti-Retaliation Measures: The Supreme Court Narrows the Definition of the term “Whistleblower” Under the...

by Snell & Wilmer on

In a unanimous decision, the Supreme Court stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers...more

Trending: Website Accessibility Lawsuits Under The ADA

by Cole Schotz on

Since the Americans with Disabilities Act–often referred to as the ADA—was passed by Congress in 1990, lawsuits under the Act have been quite common. These lawsuits, until recently, have focused on physical or architectural...more

Whistle[blowing] While You Work: Dodd-Frank’s Antiretaliation Provision Does Not Protect Internal Reports Of Wrongdoing

by Hogan Lovells on

The United States Supreme Court just issued a decision in a highly anticipated whistleblower case, and unanimously held that the antiretaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

High Court Narrows Dodd-Frank “Whistleblowers”

by Sherman & Howard L.L.C. on

The U.S. Supreme Court yesterday endorsed a narrow definition of the term “whistleblower” in the context of the Dodd-Frank Act. Specifically, the Court ruled in Digital Realty Trust Inc. v. Paul Somers that whistleblowers...more

BHR 360: highlights from 2017, and what to watch out for in 2018

by Hogan Lovells on

Welcome to the first edition of BHR 360, our bi-annual Business and Human Rights newsletter. Over the past year the international community has focused its attention on the third pillar of the UN Guiding Principles on...more

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

by Fox Rothschild LLP on

ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

New California Employment Law May Impact Acquired Employees’ Compensation in the M&A Context

Effective January 1, 2018, California Labor Code Section 432.3 was amended to, among other things, prohibit any employer – public or private – from “seek[ing]” salary and compensation history from applicants for employment....more

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

by Foley & Lardner LLP on

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

Weekly Update Newsletter - January 2018 #2

by PilieroMazza PLLC on

The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home - Ms. Atallah’s blog creates an invaluable list for government contractors to keep in mind should the government shutdown actually come...more

Sexual Harassment Legal Settlements: What Employers Need To Know About The New Tax Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The new Tax Act prohibits employers from deducting payments to individuals alleging sexual harassment or sexual abuse if the settlement or payment requires the Claimant to execute a nondisclosure agreement....more

Canada steps up human rights oversight of companies operating abroad

by Hogan Lovells on

Last week, Canada announced the creation of the Canadian Ombudsperson for Responsible Enterprise (CORE), an independent officer who will be tasked with investigating allegations of human rights abuses linked to Canadian...more

Five Important Employment Trends for Massachusetts Retailers in 2018

by Goulston & Storrs PC on

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more

SEC Whistleblower Awards to Insurance Department Employees?

by Carlton Fields on

Many federal, state, and local governmental employees may be eligible for awards pursuant to the SEC’s whistleblower program under the Dodd-Frank Act. If a report to the SEC leads to an enforcement action that results in...more

Wisconsin Employee May Prosecute WFEA Claims Against Employer Despite Valid Waiver and Release of Claims

The Wisconsin Labor and Industry Review Commission recently issued a highly controversial decision, Xu v. Epic Systems, Inc., holding that (1) an employee cannot waive the right to file a discrimination complaint against her...more

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

by Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

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