Court OK's Discrimination Suit Against Restaurant
Recent Cases
A California appeals court reinstated the discrimination claims of a disabled customer who was ridiculed and denied service at a restaurant.
Ron Wilson followed his occasional visits to Murillo's Mexican Food with letters to owner Frances Murillo, suggesting ways the restaurant could become more accessible.
Murillo spent about $130,000 to bring the restaurant into compliance with disability law.
But in March 2005, Murillo asked Wilson and a friend to leave, saying, "You guys are not welcome here, and you know that ... You're only here to harass me. You're not here for the food."
When Wilson refused, the bartender allegedly took his food while another employee took pictures of him, sarcastically telling him to "smile for the camera."
Wilson sued Murillo for violating the Americans with Disabilities Act.
The district court ruled that the behavior was too trivial to be actionable, but Justice Ruvolo disagreed, stating that Wilson should be allowed to make his case.
Ruvolo said restaurants may not refuse to serve customers because the patrons filed ADA complaints against them.
The alleged intimidation and harassment would also constitute a violation of disability law, Ruvolo wrote.
Related listings
-
Shareholders Sue Baker Hughes For Bribery
Recent Cases 06/09/2008Directors of Baker Hughes, worldwide oil services, failed to stop bribing foreign officials despite a court order to do so, shareholders claim in Federal Court. Shareholders say the "Code of Conduct" the company instituted in 2002, after the SEC sued...
-
Yoko Ono, Sean Lennon Can't Block Movie
Recent Cases 06/03/2008A federal judge has denied Yoko Ono's and Sean Lennon's request that producers of the movie, "Expelled: No Intelligence Allowed" be prohibited from distributing it because it contains 15 seconds of the John Lennon tune, "Imagine." U.S. District Judge...
-
Fire Paramedics In Philly Win Overtime Pay Appeal
Recent Cases 06/02/2008More than 300 paramedics for the Philadelphia Fire Department won the right to receive overtime pay in a 3rd Circuit ruling. The court voted 2-1 to reject the city's argument that fire service paramedics fall under an exemption from Fair Labor Standa...
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.