Communities count on police to protect them from harm. Unfortunately, some police officers will abuse the trust and authority placed in them, committing excessively violent acts against criminal suspects and innocent civilians alike. This is known as police brutality, and you should learn to watch for the signs of police exceeding their legal authority.
(more…)An attorney who was allegedly fired from her job as an adjunct professor at a New Jersey public university will be allowed to pursue her civil rights claims in federal court, despite a case related to the same circumstances ongoing before the New Jersey Civil Service Commission. This ruling, passed down by the Third Circuit Court of Appeals, says that the Younger abstention doctrine did not apply in the case, which can prevent someone from pursuing a claim in both state and federal court at the same time. However, due to the circumstances of the case, the Third Circuit ruled that Younger did not apply, allowing her to continue pursuing her claims in federal court.
(more…)Police officers are supposed to be responsible for maintaining public safety, investigating crimes, and apprehending criminals, all while respecting the rights of citizens. However, police officers will sometimes act in a manner unbecoming of their profession, resulting in unnecessary and avoidable harm. Here are six types of police misconduct you should watch out for if you ever have an interaction with law enforcement:
Williams Cedar is a law firm dedicated to helping clients with personal injury, environmental law, and civil rights cases. We specialize in assisting clients who have been injured due to exposure to environmental toxins, including veterans and their loved ones. If you need legal assistance due to toxic exposure or other related matters, please give us a call at our New Jersey and Pennsylvania offices at (215) 557-0099, or visit our contact page.
Racial profiling is one of the most harmful practices that police can engage in, endangering the civil rights of millions of Americans. However, proving racial profiling can be difficult, in part because people do not recognize it when they see it. So, what exactly is racial profiling, and how can it be harmful to average people?
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PHILADELPHIA, PA, March 23, 2022 – Facebook and Google may have stopped requiring arbitration for workplace sexual assault and harassment claims but forced arbitration clauses have been the standard for a majority of employment claims. The Economic Policy Institute reports that approximately 56 percent of non-union private-sector employees are subject to mandatory individual arbitration procedures; this translates into approximately 60 million American workers.
Forced arbitration clauses often result in an employee being required to go through a private proceeding with his or her employer after bringing an accusation of workplace sexual assault or harassment. Even though arbitration clauses do not prevent employees from going to the police in the case of a serious crime, companies often make signing an arbitration clause a condition of keeping or getting a job. It is not unusual to see confidentiality clauses along with forced arbitration clauses, all of which can discourage the employee from reporting the misconduct.
On March 3, 2022 a landmark bill was signed into law by President Biden that will make it easier for individuals to pursue workplace sexual abuse and harassment claims by striking a blow to the pre-dispute arbitration agreements. The law amends the Federal Arbitration Act to prohibit enforcement of contract provisions that mandate pre-dispute arbitration or waive the right to bring a joint, class or collective action in cases that involve workplace sexual assault and harassment disputes.
The new law, H.R. 4445, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”, applies to any such disputes that arise after March 4, 2022. The law broadly defines a pre-dispute arbitration agreement as “any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement”. A “sexual assault dispute” is defined as a dispute involving a nonconsensual sexual act or sexual contact, including when a victim lacks capacity to consent. A “sexual harassment dispute” is a dispute relating to conduct that is alleged to constitute sexual harassment under applicable federal, tribal or state law. Sexual harassment disputes include unwelcome sexual advances; unwanted physical contact that is sexual in nature, including assault; unwanted sexual attention, including unwanted sexual comments and propositions for sexual activity; conditioning professional, educational, consumer, health care, or long-term care benefits on sexual activity and retaliation for rejecting unwanted sexual attention. Notably, if the parties disagree as to whether the law covers a particular dispute, the determination is one for a federal court and not an arbitrator.
By eliminating mandatory arbitration clauses this law is one additional step towards enabling victims to publicly hold their abusers accountable in court if they choose.
Williams Cedar represents employees in workplace sexual harassment and assault cases. You can request a free consultation by contacting us.
Haddonfield, February 28, 2022 (Williams Cedar Law Firm) — Williams Cedar attorney Shauna Friedman and Oliver Barry, co-counsel on the Edna Mahan prison abuse case, joined Co-Dean of Rutgers Law Kim Mutcherson on “The Power of Attorney” Podcast to discuss their career origins and the issues they encountered while litigating a sensitive and complex matter.
You can find links to the podcast on various mediums by clicking here.