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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Michigan Supreme Court Rules That Mitigating Measures Should Be Considered In Determining Disability Status
The Michigan Supreme Court has resolved the issue of whether an individual's medication or other mitigating measures are to be considered in determining an employee's disability status. In Chmielewski v Xermac, Inc, a sales employee who had ...
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Mitigating Factors Count in Determining “Handicap” Status
In Chmielewski v Xermac, Inc., 1998 Mich LEXIS 1326 (June 9, 1998), the Michigan Supreme Court held that the determination of whether an individual is "handicapped" within the meaning of the HCRA must be made taking into consideration the ...
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Mortgage Discrimination
Mortgage DiscriminationFebruary 1998 he Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA) protect you against discrimination when you apply for a mortgage to purchase, refinance, or make home improvements. Your Rights Under ECOA The ...
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Mortgage Insurance for Disaster Victims (Section 203 (h))
The Section 203(h) program allows the Federal Housing Administration (FHA) to insure mortgages made by qualified lenders to victims of a major disaster who have lost their homes and are in the process of rebuilding or buying another home. Through ...
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Normal Overweight Condition Not a Disability; Severe Obesity Can Be
In Andrews v. State of Ohio, the Sixth Circuit Court of Appeals recently decided that a person who is "normally" overweight is not protected under the disability definition in the Americans With Disabilities Act (ADA). The case arose when Ohio ...
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Notice To Municipalities
Before a tort claim can be filed against a municipality, proper notice must be given to the municipal government, within a certain amount of time of the occurrence of the tort. The notice requirement varies by municipality, ranging anywhere from 30 ...
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Out With the Old and In With the New: TWC Takes Over Administration of the Texas Commission on Human Rights Act
On March 1, 2004, the Texas Workforce Commission ("TWC") formally assumed the functions of the now-defunct Texas Commission on Human Rights ("TCHR"). The transfer of responsibilities, mandated by recent legislation, was finalized upon certification ...
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Overview of M&A Activity in December 2004
The aggregate disclosed value of announced M&A transactions involving Canadian companies in the first nine months of 2004 was C$86.5 billion, up 38% from C$62.7 billion for the first nine months of 2003. Included in this total is C$44.0 billion of ...
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Plaintiffs find a Litigation Oasis in the Desert: Court Makes it Easier for Employees to Prove Discrimination
Catharina Costa was a warehouse worker for Desert Palace, doing business at the glamorous Caesar's Palace in Las Vegas. This case did not concern gambling problems, but rather, Costa's treatment by management and coworkers. Costa was the only female ...
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Practical Implications for Employers
In defense of a sexual harassment case involving a supervisor-subordinate relationship, it will be important for an employer to be able to show that it took reasonable steps to prevent the harassment, including adopting a strong policy against ...
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