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Hate Crimes Act applies to workplace assault of gay employee

June 18th, 2019

By Georgia D. Koutouzos, J.D.
If individuals are engaged in ongoing economic or commercial activity subject to congressional regulation, then Congress may prohibit violent crime that interferes with or affects such activity, including the type of bias-motivated assaults proscribed by the Hate Crimes Act.
In an apparent case of first impression in the nation’s courts, the Fourth [Read more...]

University professor’s claim he was denied tenure based on race revived

June 18th, 2019

By Kathleen Kapusta, J.D.
Although the First Amendment grants a university certain freedoms, the freedom to discriminate is not among them.
Giving no opinion regarding whether an African-American law professor who was denied tenure and terminated was in fact discriminated against because of his race, the D.C. Circuit, reversing the grant of summary judgment against his Title [Read more...]

Lacrosse officials are independent contractors; NLRB’s contrary finding reversed

June 18th, 2019

By Lisa Milam, J.D.
When it deemed them employees and allowed them to unionize, the Board failed to sufficiently account for the fact that the athletic association paid the officials, on average, for only three games per year, for two-hour stints.
Lacrosse officials who are hired by an interscholastic athletic association to officiate playoff games are independent [Read more...]

Without evidence of an underlying physiological disorder, obesity is not a physical impairment

June 17th, 2019

By Kathleen Kapusta, J.D.

The bus driver failed to show that his extreme obesity was an actual impairment or that his employer perceived it as such.
Addressing for the first time whether extreme obesity, even without evidence of an underlying physiological condition, meets the definition of physical impairment and is thus an actual disability for ADA [Read more...]

Hazing complaint not the but-for cause of employee’s constructive discharge

June 17th, 2019

By Ronald Miller, J.D.
In this Title VII retaliation claim, the question was not whether an employee’s complaint about a racially charged hazing incident was a but-for cause of his constructive discharge, but rather whether the protected activity was the but-for cause of the adverse action.
The Seventh Circuit agreed with a district court’s finding that no [Read more...]