Civil Rights
This is FindLaw’s collection of Civil Rights articles, part of the Litigation and Disputes section of the Corporate Counsel Center. A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, and assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Corporations have been gaining more civil rights in the courts throughout the years. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Rights Articles
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U.S. Supreme Court Jurisprudence on Implied Private Rights of Action: The Pendulum Swings Back
Congress often does not explicitly provide for a private right of action when it enacts federal legislation.1 Whether a private right of action can be implied from a federal regulatory scheme is thus a question of tremendous practical significance.2 ...
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The Tangled Web We Weave: The Intersection of Workers Compensation and Labor and Employment Laws- Part II
The ADA does not set forth the essential elements for an effective waiver of one's rights under the ADA. To be safe, employers asking individuals with disabilities to resign in exchange for a workers' compensation lump-sum payment should follow the ...
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New Guidance from the EEOC on Waiver of Rights and Claims under the ADEA
In 1967, Congress enacted the Age Discrimination in Employment Act (ADEA) to combat discrimination in the employment of workers over the age of 40, thus subjecting employers to another legal requirement. In response to this and other legislation ...
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Typical Section 1983 Claims
A. PRISON LITIGATION In the prison or jail setting, inmates' claims run the gamut of everything from complaints about food that is cold to claims about lack of proper medical attention to claims about inadequate access to the law library. With ...
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Recent Supreme Court ADA Decisions Important to Employers
On June 22, 1999, the United States Supreme Court released three important decisions of special interest to employers. The Court announced that the determination of whether an individual is disabled under the Americans with Disabilities Act (ADA ...
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Reasonable Accommodations and the “Interactive Process”
When and under what circumstances an employer is obligated to provide an employee with a disability a reasonable accommodation is a tricky issue. The confusion is compounded when the employee's disability is a mental condition or a condition with ...
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Reasonable Accomodation and the ADA – Courts Draw the Line
The Americans with Disabilities Act (ADA) was enacted into federal law on July 26, 1990. Different sections of the ADA went into effect at different times in 1992. Since then, more than 40,000 complaints have been filed with the Equal Employment ...
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The Direct Threat Exception to the ADA: Avoiding A Hobson’s Choice
To introduce this exception, consider the following example. An employer hires a person as a short order cook. This job requires the cook to work with and around hot stoves and deep fat fryers. Once hired, the employee reports for work as scheduled ...
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S.C. Supreme Court Decision On Charter Schools
On June 1, 1999, the South Carolina Supreme Court, rendered a decision in the case of Beaufort County Board of Education v. Lighthouse Charter School Committee, et al., resolving many of the issues surrounding charter schools in our state. The ...
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School Construction Complaints Brought to Pennsylvania Department of Education Must Be Appealed or Are Waived
Pennsylvania's Commonwealth Court has ruled that a decision by the Division of School Facilities in the Department of Education approving a school district's construction program will not be reviewed by the Court where the rejection by the Division ...
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