In Saunders v. Apothaker Associates, Inc., a Muslim applicant was offered a position as a debt collector, contingent upon his criminal background check. Civ. No. 10-3170 (D.N.J. Apr. 17, 2012). Two days after the plaintiff started working, he was terminated when the background check arrived, revealing a felony retail theft conviction and a failure to repay $12,000 in court-ordered restitution. The plaintiff, who wore traditional Muslim attire at work, claimed that he had been terminated due to his religion in violation of Title VII and the NJLAD. Granting summary judgment for the employer, the court held that the plaintiff could not prove that he was qualified for the debt collection position due to the evidence uncovered in the criminal background check. According to the court, the felony theft and failure to pay restitution raised serious concerns “for obvious reasons,” considering the position was in the debt collection business.
The Need for a Clear Path: The Supreme Court Declines to Reconsider Brand X in Baldwin v. United States
Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again.
Louisiana Court Upholds Discharge of Worker With a Pregnancy-Related Illness Who Violated a Company Rule
The Louisiana Court of Appeal, Fourth Circuit recently held that a pregnant employee who suffered from a pregnancy-related illness was not disabled within the scope and meaning of the Louisiana Employment Discrimination Law (LEDL).
On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the requirements for notifying affected parties in the event of a data breach and sets forth a demanding list of security measures that must be implemented to “maintain reasonable safeguards” to protect private information.