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Employers do not have to allow unacceptable workplace behavior due to a disability

Employers do not have to allow unacceptable workplace behavior due to a disability

The Americans with Disabilities Act (ADA, ADAAA) and Rehabilitation Act, which incorporates most of the ADA standards, prohibit discriminating against employees based on their disabilities.  Indeed, with the ADAAA amendment, recent court decisions have broadened the scope of what is considered a disability, as well as what steps an employer must take ... Read More »

Federal Design-Build Bidding Reform: DOD Caps Design-Build “Short Lists”

Federal Design-Build Bidding Reform: DOD Caps Design-Build “Short Lists”

Did you know that bidders on federal design-build contracts spend, on average, roughly $260,000 just to participate in the procurement process? Concerned that the high price of admission is dissuading qualified contractors from bidding, legislators recently enacted several reforms intended to make the bidding process more efficient. Among them is ... Read More »

No Mora moratorium on drilling

No Mora moratorium on drilling

United States District Court Judge James Browning issued a lengthy opinion on January 19, 2015 invalidating Mora County’s “Community Rights and Local Self-Government Ordinance”, enacted by the County in 2013, that prohibited oil and gas development by corporations in the county.   See SWEPI, LP v. Mora County, 2015 U.S. Dist. ... Read More »

Concussion and traumatic brain injury: A historical perspective

Concussion and traumatic brain injury: A historical perspective

Public awareness of the long-term effect of head injuries sustained in competitive sports, including but certainly not limited to collegiate and professional football, has increased significantly in the past decade. The highly publicized National Football League (NFL) federal court litigation has transitioned from the sports section to page-one treatment in ... Read More »

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court’s grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company’s policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants. ... Read More »

Foreign Corrupt Practices Act: FBI increasing resources to fight corruption

Foreign Corrupt Practices Act: FBI increasing resources to fight corruption

Department of Justice (DOJ) officials at the ABA White Collar Conference last week in New Orleans confirmed DOJ’s expanding commitment to investigating and prosecuting violations of the Foreign Corrupt Practices Act. Officials announced that the FBI is ramping up resources to combat corruption and is assigning more than 30 agents ... Read More »

Home healthcare worker violates HIPAA and steals protected health information: due diligence of employees and mandated criminal background checks

Home healthcare worker violates HIPAA and steals protected health information: due diligence of employees and mandated criminal background checks

In Lee County, Florida, a home healthcare nurse stands accused of stealing from her elderly patients. Police investigators say that the nurse opened fraudulent credit card accounts under the names of at least eight of her patients. Computer and transaction records indicate that she used stolen or fraudulently obtained credit ... Read More »

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