HIV-positive man who sued Atlanta gets new hearing
Headline Legal News
A federal appeals court on Wednesday granted a new hearing to a 40-year-old man who claimed the Atlanta Police Department rejected his job application because he has HIV.
The ruling was a victory for gay rights advocates and the health groups who had closely watched the case, which was brought in 2010 by a man using the pseudonym Richard Roe.
Among other findings, the three-judge panel of the 11th U.S. Circuit Court of Appeals said in the ruling that the city lulled Roe into believing he didn't need to prove his HIV was "non-serious." It ordered the judge who dismissed the lawsuit to take another look at that issue and others prompted by the lawsuit.
The ruling was no surprise, as the panel expressed skepticism about the city's arguments during oral arguments last week, and one judge suggested the court had little choice but to send the case back to the federal judge.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.