Religious Discrimination

In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.

Minnesota Jury Trial Attorneys

 

The MHRA  prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]

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Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.

Minnesota Jury Trial Attorneys

Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference.  Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge.   [click to continue…]

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The Argument of the Month Club describes itself as, “The Men’s Forum for Catholic Apologetics.”  Started 14 years ago, the wildly successful forum now attracts more than 500 men to its monthly discussions.  Tackling tough and wide-ranging topics, the group’s mission is to enlighten both Catholics and non-Catholics in order to better teach and defend the Catholic faith.

Madia Law’s Joshua Newville is honored to speak at the forum on May 13, 2014.  Newville will join Attorney Joel Oster, senior legal counsel at Alliance Defending Freedom, and moderator Michael Olson from Providence Academy, in discussing a topic that intersects employment law and constitutional law: to what extent can private schools terminate employees who speak out against the institution’s principles, teaching, etc.?  Can Catholic schools fire employees who are openly opposed to the very faith tradition of the school itself?

Newville, who represents individuals in matters involving discrimination and the deprivation of civil rights and liberties, will argue that private schools must be careful not to ignore individual employee rights, i.e., principles of free speech and anti-discrimination, in a pursuit of institutional autonomy.  In presenting his argument, Newville will draw on principles and practices in constitutional and employment law, as well as recent relevant case law and broader policy considerations.

Oster, who represents churches and private schools in such litigation, argues that we’ve entered a new era regarding religious freedom – one where government passes law that requires people and institutions to violate their faith. Oster’s argument focuses on the autonomy of the church and how that relates to such constitutional principles as the free exercise of religion pursuant to the First Amendment.

The discussion will take place in the basement of St. Augustine’s Catholic Church, which is located at 408 3rd St. N. in South Saint Paul, MN 55075.  The event details, from the event website:

MENU
From the AOTM CORONARY KITCHEN!
Appetizer
Chips and salsa
Dinner
Smoked Pork, boiled red potatoes covered in herbed chived butter
Dessert
Brownies and ice cream
 
6:00pm Social Hour and Appetizers
7:00pm Dinner
7:30pm Main Presentation
8:30pm Dessert
8:45pm Q&A
$15 at the door (The total cost for the night) You will get great appetizers and beverages, hear one of the best inspirational stories you have ever heard about manhood and faith. Do all this while you listen and enjoy a fabulous “Manly Meal”. Men of all creeds and ages are welcome to join in the good humor, food, and fellowship. Priests and seminarians get in free but will not be shown partiality in debate. Fathers are encouraged to bring their minor sons.

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As published in the Harvard Law & Policy Review, Kevin M. Clermont & Stewart J. Schwab observed that from 1979-2006, plaintiffs bringing employment law matters (discrimination, wrongful termination, etc) in federal court won only 15% of the time. When paired with the observation that plaintiffs in non job-related matters won 51% of the time, that 15% figure is stunning. Questions as to why there is such an imbalance in employment law compared to other areas of law have been the focus of many journalists, lawyers and academics. But for attorneys who represent plaintiffs in employment discrimination cases, there is one key factor worth focusing on: properly preparing a case to survive motions for dismissal, particularly summary judgement motions.

http://www.hlpronline.com/Vol3.1/Clermont-Schwab_HLPR.pdf

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“Sam” worked as a salesman for several years at the same company. On occasion, he heard his supervisor and colleagues use anti-Semitic slurs in the workplace. Sam sent a very polite email stating that he had family members who died in the Holocaust and would like it if the comments stopped. All of a sudden, Sam’s employer began targeting him at work. He was disciplined six times within the next eight weeks, even though he had not been disciplined a single time over six years of employment before his complaint. Ultimately, Sam’s employer fired him.

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Minnesota Employment, Wrongful Termination Lawyers

Dear Friends,

I am excited to inform you that I am starting a new business venture, Madia Law LLC – a dynamic and aggressive law firm that will serve Minnesota individuals and small businesses.

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