Tag Archives: Discriminatory

As a general rule, the determination of whether a person is “qualified” should be made at the time of the alleged discriminatory employment action

As a general rule, the determination of whether a person is “qualified” should be made at the time of the alleged discriminatory employment actionSmith v. Town of Ramapo, USSC, Second Circuit, Docket 18-148-cv* The single issue before the court in … Continue reading

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THE U.S. SUPREME COURT AVOIDS DROWNING THE LGBTQ COMMUNITY IN A FLOOD OF DISCRIMINATORY BEHAVIOR

The LGBTQ community’s long battle to legalize same-sex marriages finally ended on June 26, 2015 when the Supreme Court of the United States (SCOTUS) delivered its opinion in Obergefell v. Hodges, 576 U.S. 135 (2015). This seminal decision resulted in … Continue reading

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Sylvain on Section CDA Section 230 & Discriminatory Expressive Conduct

Olivier Sylvain (Fordham University School of Law) has posted Discriminatory Designs on User Data (Knight First Amendment Institute at Columbia University, Forthcoming) on SSRN.  Here is the abstract: Section 230 of the Communications Decency Act protects intermediaries from liability for distributing third-party … Continue reading

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How to Respond to a Patient’s Discriminatory Request for a Different Clinician

My latest column for the April 10 ASCO Post addresses "How to Respond to a Patient’s Discriminatory Request for a Different Clinician." This is my fifth column for the Law and Ethics in Oncology series. More are already in the queue. … Continue reading

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Employer Catering to Discriminatory Harassment and Preferences by Influential Outsiders

Dallan F. Flake, Employer Liability for Non-Employee Discrimination, 58 B.C. L. Rev. 1169 (2017). Michael Z. Green In a recent Boston College Law Review article, Employer Liability for Non-Employee Discrimination, Professor Dallan Flake (Ohio Northern) addresses a subject that has … Continue reading

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