Governor Beshear Orders Defense Of Kentucky Gay Marriage Ban

BESHEAR ORDERS DEFENSE OF KY GAY MARRIAGE BAN: Kentucky Gov. Steve Beshear (D) said the Bluegrass State would hire a private sector attorney to defend the state's ban on recognizing same-sex marriages performed in other states. Beshear made the announcement last Tuesday shortly after state Attorney...

Asking “Where Are You From?” Results In $60,000 Rental Discrimination Penalty

Innocent Small Talk Apparently Illegal, According to Boston Fair Housing Commission. The seemingly innocent question posed by a Boston rental agent to Gladys Linder when they were searching for an apartment was “Where are you from?” “Venezuela,” she answered. Gladys...

Feds Sue Major NYC Developers To Remedy Pattern/Practice Of Inaccessible Design And Construction Of Apartment Buildings

The United States has filed a federal civil rights lawsuit in federal court alleging that Related Companies, Inc. (“Related”), a major real estate developer based in New York City, has engaged in a pattern and practice of developing rental apartment buildings that are inaccessible to persons...

Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits

A Pittsburgh-based law firm, which has filed more than 100 class action lawsuits under Title III of the Americans with Disability Act (ADA) in federal district courts throughout the United States against banks on behalf of a plaintiff who alleged that the banks' ATMs were inaccessible, has picked...

Missouri Supreme Court Eases Burden Of Proof For Retaliatory Discharge Claims

The Supreme Court reversed 16 years of precedent on a worker’s burden of proof to establish retaliatory discrimination after exercising his rights under the Missouri Worker’s Compensation Act. A worker no longer has to show that discrimination was an exclusive factor in a termination but...

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination...

OSC Settles I-9 Discrimination Case for $115K

"The Justice Department reached an agreement today with Potter Concrete , a company based in Dallas , resolving claims that the company engaged in a pattern or practice of document abuse in violation of the Immigration and Nationality Act (INA). The department’s investigation, which was initiated...

Seattle Co. Pays $40K+ to Settle I-9 Discrimination Case

"The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens. The department’s investigation, which was initiated based on...

Texas Supermarket Chain Pays $43K to Settle I-9 Discrimination Case

"The Justice Department reached an agreement today with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas, resolving claims that the company engaged in discrimination during the employment eligibility verification process in violation of the Immigration and Nationality...

Feds File Housing Discrimination Lawsuit Against Predominately Caucasian Long Island Town For Encouraging Developers To Award Housing To Residents

The United States Department of Justice has commenced an action against the Town of Oyster Bay on Long Island for violating the Fair Housing Act, 42 U.S.C. § 3601 et seq., [ enhanced version available to lexis.com subscribers ]. In its complaint, the United States alleges that two housing programs...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – May 28, 2014 Update

Updates for the Week of May 28, 2014 Did the Landlord Discriminate Against a Disabled Tenant by Refusing to Terminate His Lease Early ? Colleen and David rented an apartment in Virginia for $1900 a month with a $1900 advance security deposit. About 7 months into their one year lease, David was...

discrimination no sign

DOJ Enters into ‘Landmark’ Settlement with Law School Admission Council

By Olabisi L. Okubadejo The U.S. Department of Justice (DOJ) recently announced a “landmark” consent decree with the Law School Admission Council (LSAC) to resolve allegations of “widespread and systemic” violations of the Americans with Disabilities Act (ADA). The allegations...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Disparate Impact to Supreme Court Again?

By Michael W. Skojec, Bryan J. Harrison, Christopher J. Willis, and John L. Culhane, Jr. Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas Department of Housing and Community Affairs (Texas...

Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use

How Will the Colorado Supreme Court Decide Coats v. Dish Network? In a case being closely watched nationwide, the Colorado Supreme Court will address for the first time an important issue for employers and employees in the state: whether an employer may terminate an employee for the off-duty use of...

Federal Court Civil Rights Settlement Creates More Accessible Housing Opportunities

Building Developer Agrees to Accessibility Retrofits, Additional Inspections, and Fund to Compensate Aggrieved Persons; Suit Against Architect Goes Forward The United States Departmentg of Justice has agreed to a settlement by consent decree of a federal civil rights lawsuit in Manhattan federal...

NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination

The New York Attorney General filed a complaint earlier this month in a New York federal court against a national bank headquartered in the state and its holding company alleging that the defendants violated the federal Fair Housing Act (FHA), [ enhanced version available to lexis.com subscribers ],...

State Net Capitol Journal Constitutional Rights Updates: US High Court Eliminates 'Golden Week'

Ohio's "Golden Week" — a five-day interval at the beginning of the state's early voting period when eligible residents can both register and cast ballots — fell by the wayside last week, when the U.S. Supreme Court granted a last-minute stay, [ enhanced version available...

DOJ Settles Lawsuit Against Texas Bus Company for Discriminating Against U.S. Workers

"The Justice Department announced today that it reached a settlement with Autobuses Ejecutivos LLC, doing business as Omnibus Express, a bus company based in Houston, Texas. The settlement resolves a lawsuit filed in August 2013 by the department under the Immigration and Nationality Act’s...

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

By Eric G. Pearson What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued last week by a panel of judges from the U.S. Court of Appeals for the Seventh Circuit in Frank v. Walker , Nos. 14-2058 & 14-2059...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case

By Michael W. Skojec, Sharon Wilson Géno, Bryan J. Harrison, Christopher J. Willis, John L. Culhane, Jr., and Peter N. Cubita The U.S. Supreme Court has agreed for the third time in recent history to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA)....

Predictive Analytics and Big Data in the Workplace and Beyond: The Science Behind the Crystal Ball

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. An awful lot of ink has been devoted lately to Predictive Analytics and Big Data—two...

Deferred Action and Alienage Discrimination: Juarez v. Northwestern Mutual

"Over a week ago, the President extended “deferred-action” status to millions of people who faced deportation for residing in the US in violation of federal immigration law. (He then defended his legal authority to do so.) Around the same time, in Juarez v. Northwestern Mutual Life Insurance...