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Thursday, February 5, 2015

Employees in Their 40's Worry about Looking Too Old and Fear Firing Due to Employer’s Age Bias

A person should not need botox treatments to keep their job. Yet persons may feel the intense pressure by their employers to look young or risk being terminated. Women and men in their 40's sometimes resort to plastic surgery but it may not make any difference to the employer who wants only youth in the workforce.


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Thursday, January 29, 2015

Age Discrimination in Employment Law Claims are on the Rise

Despite numerous laws prohibiting age discrimination in employment, claims for unlawful termination based on age discrimination are still being filed throughout the country, and a greater number are being filed every year. Age discrimination is a particularly insidious form of discrimination because older workers may experience further discrimination when they apply for new comparable work. Persons terminated because of their age may suffer the most as a result. It is a double whammy, even when the results of a age discrimination termination lawsuit are successful for the Plaintiff.The problem is exacerbated due to age itself being the discriminatory factor.


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Wednesday, May 8, 2013

Supreme Court Decides Employment Lawsuit; Justice Kagan Strongly Disagrees with Supreme Court’s Majority Opinion in Registered Nurse’s Overtime Payment Collective Lawsuit Against Medical Provider

Supreme Court Justice Kagan came out swinging on behalf of a registered nurse and other employees in case decided by US Supreme Court in Genesis Healthcare Corp. et al. v. Symczyk, argued December 3, 201 and decided April 16, 2013.

In some of the strongest criticism of a US Supreme Court Majority Opinion by a dissenting Justice, Justice Kagan wrote in her...


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Tuesday, April 16, 2013

Parental Rights, US Supreme Court to Define “Parent” in Adoption Case

The US Supreme Court will be deciding the fate of a baby girl who was put up for adoption and who had lived with her adoptive parents for two years since her birth. The child is now residing with the biological father and the father’s parents.

In January 2009, the biological mother, a non-Indian, became pregnant. At the time, she was the single mother of two children by another relationship and she was engaged to be married to the biological father, who was a member of the Cherokee Nation and serving in the United States Army and stationed in Oklahoma. In May 2009, she broke off the engagement and began to work with an adoption attorney to place the child with an adoptive, non-Indian couple in South Carolina.


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Thursday, April 11, 2013

Housing Discrimination Based on Race and Disabilities Still Persists

Several recent housing discrimination cases, one which settled in March 2013 and another decided December 2012, demonstrate that discrimination in housing still exists despite implementation of fair housing laws.

In addition to federal laws which prohibit discrimination in housing, The New Jersey Law Against Discrimination, N.J.S.A.


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Monday, March 4, 2013

Bill Supporting Goals and Ideals of National Black HIV/AIDS Awareness Day

A bill to Support the Goals and Ideals of National Black HIV/AIDS Awareness Day was introduced in the House of Representatives on Feb. 6, 2013. 

The first annual National Black HIV/AIDS Awareness Day was organized on February 23, 2001., February 7th  of each year is now recognized as National Black HIV/AIDS Awareness Day.
 
Congresswoman Barbara Lee (D-CA) introduced

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Sunday, February 24, 2013

HIV/AIDS discrimination still occurs in employment, housing and educational institutions

The Unites States Department of Justice Department settled with a school for discrimination against child who has HIV. The United States Department of Justice brought a suit against Milton Hershey School of Hershey, Pa., in 2011. The suit alleged  that the Milton Hershey School  violated the Americans with Disabilities Act by the school’s refusal  to consider a child for enrollment due to the fact that the child has HIV.

The  federal lawsuit was filed in November 2011, Civil Action No.

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Thursday, February 14, 2013

The importance of meeting deadlines for appealing the denial of long-term disability employment fringe benefit claims

If you have received a claim denial from your employer’s insurance company (ERISA plan), it is imperative that you appeal that denial in a timely manner.  If you do not challenge the insurance company’s denial, that will create problems down the line. There are different time periods for appealing denial of health insurance, long-term disability insurance, and severance fringe benefits.  These plans are subject to a federal law known as  ERISA.

 
Fringe benefits you receive from your employer (health insurance, long-term disability, and severance) are subject to these federal regulations.

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Thursday, February 7, 2013

EEOC finding of employment race discrimination in nationwide clothing retailer for young women

Some people think that the days of race discrimination in employment are over. This is not true as is evidenced in part by a finding by The Equal Employment Opportunity Commission which found blatant race discrimination at a nationwide clothing retailer that is geared for young women. The Equal Employment Opportunity Commission issued a statement that the nationwide retailer, Wet Seal, illegally discriminated against a former store manager who is African- American solely because of her race. One of Wet Seal’s  executives visited the King of Prussia, Pa. store and later complained in a memo about too many black employees at the manager’s store in Pennsylvania.


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Tuesday, January 22, 2013

Vietnam Veterans, Afghanistan Veterans Hopeful as Advocate for Veterans’ Rights Appointed as Judge

President Barack Obama nominated William Greenberg to the United States Court of Appeals for Veterans Claims on Nov. 15, 2012. The Senate confirmed him unanimously on Dec. 21, 2012, and he was sworn in on Dec. 28, 2012 to a 15-year term as Judge.


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Monday, December 31, 2012

How 17th century fable of a monkey and a cat is applied in employment discrimination lawsuit against UMDNJ

A Jury verdict for plaintiff was affirmed in employment discrimination lawsuit brought against UMDNJ based on “cat’s paw” liability, an idea conceived from a 17th century fable.

If a  supervisor terminates an employee for discriminatory reasons, the termination is unlawful. The terminated employee has a cause of action based on the supervisor's discriminatory animus.
However an employer's liability for discrimination was expanded in a US Supreme Court case

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