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Employers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.
The Facts
Helados La Tapatia, Inc., a California-based company that produces Mexican-style desserts, will pay $200,000 and “furnish comprehensive injunctive relief” to settle a lawsuit the EEOC filed in the Eastern District of California. The EEOC alleged that the company not only favored Hispanic applicants, it also discouraged non-Hispanic applicants from applying and fired its only non-Hispanic driver a week after his hire.
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Roughly three months ago, President Biden signed an executive order that, among other things, directed HUD to reevaluate earlier agency decisions perceived to weaken the Fair Housing Act. In response to this directive, HUD has submitted draft rules to the Office of Management and Budget that would roll back two significant changes made by the Trump-era HUD. First, HUD has submitted a proposed rule aimed at reinstating its previous standard for disparate impact discrimination claims. Second, HUD has submitted an interim final rule related to the Affirmatively Furthering Fair Housing (AFFH) rule, an Obama-era regulation requiring that certain municipalities perform assessments related to desegregation. The review period for the two rules is limited to 90 days by executive order, so the substance of these rules should be made public by July of this year.
Impacts of Encryption Regulation and Strategic Competition Act on CFIUS
The last two years have seen the passage and expedited implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) – arguably the largest change in U.S. regulation of foreign investment since the 1975 creation of the Committee on Foreign Investment in the U.S. (CFIUS).
Significant changes to U.S. Foreign Direct Investment (FDI) related laws and regulations continue. Recent changes by the U.S. Department of Commerce, Bureau of Industry & Security (BIS) should remove open source and mass market encryption as “emerging” technologies subject to CFIUS review under FIRRMA. Conversely, the Strategic Competition Act of 2021 (“SCA”), passed by the Senate and headed to the House, will expand CFIUS coverage to U.S. universities, colleges, and research institutes.
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Last March, in response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) made several changes to the Bankruptcy Code, including those changes discussed in more detail here. As it became clear that we would be dealing with COVID-19 for much longer than previously anticipated, Congress passed the Consolidated Appropriations Act (CAA), which made additional changes to the Bankruptcy Code, including those explored in more detail in this article.
Originally, several of the Bankruptcy Code amendments included in the prior legislation were scheduled to sunset in March 2021, on the first anniversary of the CARES Act. However, on March 27, 2021, hours before the originally scheduled sunsets, the COVID-19 Bankruptcy Relief Extension Act of 2021 (Extension Act) was passed. While the Extension Act extended certain of the Bankruptcy Code amendments included in the CARES Act, it did not exten
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Bankruptcy is primarily about “claims.” The debtor seeks to discharge personal liability on claims, while creditors seek payment on their claims. In basic terms, a bankruptcy “claim” is a right to payment. The claim does not need to be fixed, settled, undisputed, or due at the time the debtor files his bankruptcy petition. The official proof of claim form is discussed in more detail here.
A claim can be secured or unsecured, and this designation results in vastly different rights and treatment during the bankruptcy process. Creditors anyone with a right to payment from the debtor should have a general understanding of this designation to ensure that their claim receives proper treatment in a bankruptcy proceeding.