Because of the condition of the economy there aren't a lot of jobs out there. This translates into more law suits based on discrimination. More people will file discrimination law suits or file complaints alleging that they weren't hired because of discrimination. Employers, it is important to remember that you can violate Anti-Discrimination laws before you ever hire an employee.
In 1981 the EEOC determined that there was such a thing as "pre-employment discrimination". It determined that there were "high risk" questions that employers should never ask, unless of course the question is related to business necessity. And if the question is related to business necessity, you better make darn certain that there is no reasonable accommodation that you can make and that it is critical to the functioning of your business.
Here's the high risk list:
Never ask:
A person's height and weight
If a woman is pregant
A person's marital status
The number of children a person has
Child care arrangements
Primary language or proficiency in English
Educational limits, obviously unless it is critical to the job
Arrest or conviction records
Type of discharge from military service
Age
Citizenship
Economic status
Availability for weekends or holidays (you might meet religious discrimination)
And it is also a good idea not to ask employment candidates to list injuries, handicaps or disabilities.
Thursday, August 26, 2010
Tuesday, August 3, 2010
Menatally Incompetent Illegals Get ACLU Support in Court
Late last night the ACLU filed a law suit in LA on behalf of mentally incompetent illegals.
The suit claims that the US Government, in particular the Department of Homeland Security, has failed to identify mentally incompetent illegals and because of their failure their civil liberties have been violated, with one specific detainee having languished in prison for 5 years. The suit filed in US District Court seeks to force Homeland Security to develop a system for identifying mentally incompetent individuals and to require that they are assigned counsel. Currently this group of individuals is afforded these rights but they are often overlooked because there is no system in place to identify them, particularly the indigent.
In 2008 the Division of Immigration Health Services sited up to 5% or nearly 19,000 illegals, were suffering from mental illness.
For more information on immigration visit www.lawboiseid.com or www.kershisniklaw.com
The suit claims that the US Government, in particular the Department of Homeland Security, has failed to identify mentally incompetent illegals and because of their failure their civil liberties have been violated, with one specific detainee having languished in prison for 5 years. The suit filed in US District Court seeks to force Homeland Security to develop a system for identifying mentally incompetent individuals and to require that they are assigned counsel. Currently this group of individuals is afforded these rights but they are often overlooked because there is no system in place to identify them, particularly the indigent.
In 2008 the Division of Immigration Health Services sited up to 5% or nearly 19,000 illegals, were suffering from mental illness.
For more information on immigration visit www.lawboiseid.com or www.kershisniklaw.com
Saturday, July 24, 2010
VA to Clarify Guidelines Concerning Medical Marijuana
July 24, 2010 - Select VA's to Allow Medical Marijuana -
Doctors at Veterans Administration hospitals around the U.S. currently are allowed to deny prescriptions for pain medications if their patients are taking illegal drugs. That is set to change this week when those federal guidelines will be modified. The clarifications will state that in those 14 states where medical marijuana is legal, VA doctors cannot deny pain medicine prescriptions on the basis of marijuana use if that use is for valid medicinal purposes. In addition, the VA cannot use the fact of marijuana use as a potential reason to deny Veterans benefits. The possibility of the VA being able to deny benefits to Veterans based upon medical marijuana use has been a concern for Veterans' advocates. The change in guidelines, however, will not allow VA physicians to prescribe medical marijuana. http://www.aolnews.com/nation/article/medical-marijuana-to-be-ok-in-some-va-clinics/19567275
Doctors at Veterans Administration hospitals around the U.S. currently are allowed to deny prescriptions for pain medications if their patients are taking illegal drugs. That is set to change this week when those federal guidelines will be modified. The clarifications will state that in those 14 states where medical marijuana is legal, VA doctors cannot deny pain medicine prescriptions on the basis of marijuana use if that use is for valid medicinal purposes. In addition, the VA cannot use the fact of marijuana use as a potential reason to deny Veterans benefits. The possibility of the VA being able to deny benefits to Veterans based upon medical marijuana use has been a concern for Veterans' advocates. The change in guidelines, however, will not allow VA physicians to prescribe medical marijuana. http://www.aolnews.com/nation/article/medical-marijuana-to-be-ok-in-some-va-clinics/19567275
Friday, July 2, 2010
BP and Toyota Arguments in Boise
You can get in on some pretty intense legal issues being heard by a Federal Panel in Boise on July 29 at 9:30 a.m.. This doesn't happen everyday. The United States Judicial Panel on Multidistrict Litigation, known as the MDL Panel will be convening in Boise soon.
The Courthouse will open at 6:30 a.m. to get everyone situated. Seating is very limited so good luck finding a good spot.
The Chief Justice of the Supreme Court has appointed seven sitting federal judges to sit on the panel. The purpose of the panel is to determine if certain civil actions pending in separate federal districts involve common questions of fact to consolidate the matters and get rid of duplicitous actions and to select the court and the judges to preside over the proceedings.
The following is a list of some of the cases being argued in Boise. BP, Toyota Anti-Lock Braking, Transition Lenses Anti-Trust Litigation, JP Morgan Fair Labor Standards, H & R Block Wage and Employment Practices, Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, and Google Interception of Electronic Communications.
The Courthouse will open at 6:30 a.m. to get everyone situated. Seating is very limited so good luck finding a good spot.
The Chief Justice of the Supreme Court has appointed seven sitting federal judges to sit on the panel. The purpose of the panel is to determine if certain civil actions pending in separate federal districts involve common questions of fact to consolidate the matters and get rid of duplicitous actions and to select the court and the judges to preside over the proceedings.
The following is a list of some of the cases being argued in Boise. BP, Toyota Anti-Lock Braking, Transition Lenses Anti-Trust Litigation, JP Morgan Fair Labor Standards, H & R Block Wage and Employment Practices, Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, and Google Interception of Electronic Communications.
Wednesday, June 2, 2010
How Much Does it Cost to Defend a DUI
So you had a blast this weekend but you ended up getting a DUI. Now what?
First and foremost you need a lawyer. You stand to lose so much with a DUI conviction that you need an experienced attorney on your side.
That having been said, do you take a plea agreement or do you fight the DUI charges? That all depends upon the circumstances. Are you guilty? Well, that also depends upon the circumstances. There are many ways to fight a DUI and some of those may be available to you if you don't want a DUI conviction on your record.
If you got caught red-handed then perhaps you should take a plea agreement and get in and out quick.
How much will this cost you? Most DUI plea agreements can be settled for $750-$1000 for a first time offense and $1000-$1500 for a second time or an excessive DUI charge. In addition to your attorney's fees you will have costs associated with your time in court.
If you want to fight the DUI charge; say the policeman forgot to read you your rights, or you think that the breathalyser was improperly calibrated, you will need to put down a retainer with your attorney. This generally costs between $3000-$5000.
Whatever you decide to do, you need to get an attorney who knows what to do for you. There are critical deadlines that you can't afford to miss.
The person you need on your side is Pat Kershisnik at Kershisnik Law. He has handled numerous DUIs and can help you get out of the fix you are in. Call today for a free consultation. 208-947-5518 or visit www.lawboiseid.com You will be glad you did.
First and foremost you need a lawyer. You stand to lose so much with a DUI conviction that you need an experienced attorney on your side.
That having been said, do you take a plea agreement or do you fight the DUI charges? That all depends upon the circumstances. Are you guilty? Well, that also depends upon the circumstances. There are many ways to fight a DUI and some of those may be available to you if you don't want a DUI conviction on your record.
If you got caught red-handed then perhaps you should take a plea agreement and get in and out quick.
How much will this cost you? Most DUI plea agreements can be settled for $750-$1000 for a first time offense and $1000-$1500 for a second time or an excessive DUI charge. In addition to your attorney's fees you will have costs associated with your time in court.
If you want to fight the DUI charge; say the policeman forgot to read you your rights, or you think that the breathalyser was improperly calibrated, you will need to put down a retainer with your attorney. This generally costs between $3000-$5000.
Whatever you decide to do, you need to get an attorney who knows what to do for you. There are critical deadlines that you can't afford to miss.
The person you need on your side is Pat Kershisnik at Kershisnik Law. He has handled numerous DUIs and can help you get out of the fix you are in. Call today for a free consultation. 208-947-5518 or visit www.lawboiseid.com You will be glad you did.
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