On May 26, 2011 the United States Supreme Court upheld the Legal Arizona Workers Act of 2007, which requires that every employer, after hiring an employee,  verify the employment eligibility of the employee through e-verify, a federal work authorization program. (Chamber of Commerce of the United States of America v. Whiting).  The 2007 law is not the Arizona immigration enforcement law that generated so much controversy last year.  The Supreme Court ruling establishes, however, that states can have a role in immigration matters. The Arizona law authroizes state courts to suspend or revoke an employer’s business licenses if that employer knowingly or intentionally employs an unauthorized alien.  The employer can create a rebuttable presumption that it did not knowingly employ an unauthorized alien by showing it verified the employment status of the employee through the e-verify program.  The Arizona law was not in conflict with the federal Immigration Reform and Control…       Read More

The EEOC issued final regulations interpreting the Americans with Disabilities Act Amendments Act (“ADAAA”) on March 25, 2011, and those regulations took effect this week.  The purpose of the amendments was to make it easier for a person to establish that he has a disability under the ADA.  Congress found that persons with many types of impairments – including epilepsy, diabetes, multiple sclerosis, major depression, and bipolar disorder – had been unable to bring ADA claims because they were found not to meet the ADA’s definition of “disability.” The amendments will make it easier for people with these conditions to be covered. The ADAAA and the final regulations define a disability in 3 ways: “actual disability”; or a “record of” a past disability; or when an action was taken because the person was “regarded as” having a disability.  To determine whether a person has an actual disability, the regulations provide…       Read More

Unless you have been living under a rock the last decade or so, you are well aware of what a social media site is and how it works. Chances are, you or someone you know indulges in the new interactive creation on a very, very regular basis. Last month, one of the largest populated social media websites, celebrated it’s fifth anniversary of providing an outlet for people to connect with those around the world. Social Media is considered media for social interaction, using highly reachable and scalable communication techniques with web and mobile-based technologies to turn communication into interactive dialogue. All without the need to physically interact with those around you. In the last ten years or so, social media has become even more popular, some even going as far as to say that this could be just what the world has been waiting for to completely wipe out industrial…       Read More