On July 8, the EEOC announced that it has filed a lawsuit against a company that allegedly discriminated against disabled workers by, among other things, “applying inflexible and rigid medical leave policies” in violation of the Americans with Disabilities Act (ADA). In May, the EEOC settled a lawsuit for $8.6 […]
Category: Legal Alerts
In the recent Abbott v. Banner Health Network decision, the Arizona Supreme Court left unanswered the question of whether health care facilities can record balance bill liens on Arizona Health Care Cost Containment System (AHCCCS) patients. Plaintiffs were AHCCCS patients who sued a third party for injuries. In accordance with […]
Communications to parents with Limited English Proficiency (LEP) may now have to be translated. The Department of Education and the Department of Justice recently distributed a statement of interest filed in a Pennsylvania case. They are now interpreting Title VI and the Equal Educational Opportunities Act to require educational agencies […]
Yesterday the Department of Labor announced its final rule updating overtime exemptions. The rule will affect white collar workers or those who are currently exempt from the FLSA’s overtime provisions under the executive, administrative, or professional categories. For school districts, these changes will not affect teachers. In addition, the new […]
On May 13, the U.S. Department of Education (“USDOE”) and Department of Justice jointly issued a Dear Colleague letter addressing transgender students and Title IX compliance in schools. Along with the letter, they provided sample policies compiled by the USDOE and a question and answer guide from the National School […]
The United States District Court for the Eastern District of Virginia recently issued a decision in the emerging area of Title IX requirements with respect to transgender students. The plaintiff, a transgender high school student, filed suit under Title IX and the Equal Protection Clause, alleging that the Gloucester County […]
Temporary directional signs are protected by the First Amendment, the U.S. Supreme Court recently ruled. The Town of Gilbert, Arizona had an ordinance restricting the usage of outdoor signs, including temporary directional signs. The Town cited preservation of aesthetic appeal and roadway safety as the justification for the restriction. Clyde […]
In 2008, Samantha Elauf applied for a job at Abercrombie & Fitch, a retail clothing store known for a distinctive style of clothing. A practicing Muslim, Ms. Elauf wore a headscarf to the interview. The store had a “look policy,” which prohibited employees from wearing headgear of any kind. The […]
Under A.R.S. § 12-820.05(B), a public entity cannot be held liable for injuries arising from a felony committed by an employee. This immunity, however, disappears if the entity knew of the employee’s propensity for that action. How far does this exception go? What if the public entity should have known, […]
On March 25, 2015, the United States Supreme Court clarified employers’ obligations towards women placed on work restrictions while pregnant and held that the Pregnancy Discrimination Act requires employers to treat “women affected by pregnancy” the same “as other persons not so affected but similar in their ability or inability […]