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

Arbitration Clause Ineffective in Preventing Discrimination Suit

, Civ. No. 96-12267-NG (D. Mass. Jan 26, 1998)Rosenberg charged Merrill Lynch with age discrimination, gender discrimination and sexual harassment. Upon employment, she signed a standard form mandating arbitration. In denying the defendant's motion ...
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Are Your Discrimination Waivers and Releases Enforceable?

Many employers try to nip discrimination and wrongful discharge claims in the bud by offering terminated employees severance pay in exchange for a release and waiver of claims. Often, the employer and employee will strike such a deal before the ...
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Asymptomatic HIV as a Disability

The United States Supreme Court, in a 5-4 ruling, has held that persons suffering from asymptomatic (no symptoms) HIV infection are protected by the ADA. In Bragdon v. Abbott, No. 97-156, U.S. Supreme Court (6/25/98), the court reached this ...
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Baby boomers want more from senior housing

Originally published in the September 29, 2003 issue of the Minnesota Real Estate Journal. It's no secret that the aging baby-boom generation is redefining senior housing as it redefined popular culture. The 77 million baby boomers born between 1946 ...
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Be Careful What You Ask For: New Traps for the Unwary in Managing Absenteeism and Leaves of Absence Under the ADA

One of the many prohibitions against discrimination on the basis of disability in employment imposed by the Americans with Disabilities Act ("ADA") is the ADA's strict limits upon an employer's ability to inquire about medical information relating ...
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Benefits Brief: March 2004 Vol. 17, No. 2

Dear Reader: You should recognize this "Dear Reader" intro as the promised second of three warnings to our plot to pare our lengthy mailing list by deleting anyone who fails to ask us to continue sending Benefits Briefs. So. . . if you are one of ...
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Beyond Disability Management

Employees are one of the engines that drive business. Not surprisingly, the absent employee, regardless the reason or the length of the absence, comes with a high price tag -- not just the obvious costs in lost productivity, higher cost of benefits ...
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Black Workers Have Claim Of Discrimination Against Black Supervisor

The Michigan Court of Appeals has ruled that both black and white workers can sue for racial discrimination based on their treatment by a black supervisor. In Graham v Ford, Yarborough and the Department of Corrections, (October 1, 1999), several ...
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Bragdon Case Nears Conclusion

In 1994, Sidney Abbott filed a lawsuit against Randon Bragdon, D.M.D., in which she claimed he violated her rights under the Americans with Disabilities Act ("ADA") by refusing to perform certain invasive dental procedures on her in his office. Ms ...
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California’s Budget Solution: An Affordable Housing Problem?

It has been said that as California goes, so goes the nation. Unfortunately, this seems to be holding true for the fiscal affairs of many states throughout the country. Like California, many states are facing unprecedented budget deficits. The ...
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