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Effective April 1, 2021, Philadelphia s Fair Criminal Record
Screening Standards Ordinance (FCRSS) will protect not only job
applicants but also current employees, independent contractors and
gig workers.
The FCRSS prohibits employers from inquiring into a
candidate s criminal history until after a conditional
employment decision has been made. Under the amended FCRSS,
employers cannot automatically exclude applicants
or
current employees, independent contractors and gig workers with
criminal conviction records from a job or class of jobs. Instead,
employers must make an individualized assessment of the
relationship between the conviction and the particular position,
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Despite the COVID-19 pandemic and its chill on the hospitality
industry, ADA-related digital lawsuits increased by approximately
23% in 2020. Many of these lawsuits are filed against hotels. The
complaints allege that a hotel s online reservation system
failed to provide enough detail for individuals with disabilities
to decide if the hotel meets their accessibility needs.
These plaintiffs will often claim that it is insufficient to
describe an aspect of a hotel or room as “accessible”
because the term is an opinion or conclusion. Plaintiffs argue that
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One year after the World Health Organization declared the
coronavirus outbreak a pandemic, more and more employers are
discussing the possibility of returning to the office. However,
many general counsel and leaders of legal functions indicate that a
return won t be quick or easy, according to a poll conducted by
Morrison & Foerster.
The more than 350 total responses to the poll, conducted from
March 1 to March 9, underscore the uncertainties around a return.
Even if assured of their safety, 41 percent of leaders of legal
functions said they would not return, and 11 percent were unsure.
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Employers nationwide are contemplating offering incentives to
encourage employees to receive a COVID-19 vaccine as a way to avoid
the practical and potentially disruptive alternative of requiring
employees to be vaccinated. Although it has been determined by
the federal Equal Employment Opportunity Commission (EEOC) that
requiring all employees to be vaccinated is generally legal,
whether it is legal to offer incentives as an alternative is still
an open question. The prevailing view is that a reasonably
small incentive should ultimately be legal, but employers reaching
Trial Court Properly Dismissed
Employee s CFRA And Disability Discrimination Claims
Choochagi v. Barracuda Networks, Inc., 60 Cal. App.
5th 444 (2021)
George Choochagi worked as a technical support manager for
Barracuda Networks where he reported to Hossein Ghazizadeh.
Choochagi complained to HR that Ghazizadeh had made inappropriate
sexual comments to him about having sex with women at the office
and about Choochagi s not being man enough for his
position. Approximately 18 months after Choochagi transferred
to another supervisor, he began experiencing severe migraine
headaches and eye irritation, which required him to seek medical
treatment. When Choochagi requested additional leave time,
Barracuda allegedly moved to terminate his employment or force him