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Can You Be Fired for Having Your Period at Work?

'Every woman dreads getting period symptoms when they're not expecting them,' said Alisha Coleman, 'but I never thought I could be fired for it.' It's not a legal question often asked, but Coleman should know better than most. She was fired from a 911 call center in Georgia, allegedly after experiencing heavy menstrual symptoms related to the onset of menopause while at work. With help from the American Civil Liberties Union, she is now suing her former employer, the Bobby Dodd Institute, for gender discrimination. "I don't want any woman to have to go through what I did," Coleman stated. Working Woman According to her suit, Coleman was experiencing symptoms of premenopause at the time of her firing, which can include "irregular and unpredictable sudden onset menstrual periods, which could be heavy at times." In August of 2015, Coleman "unexpectedly experienced a sudden onset of her menstrual period that resulted in her accidentally leaking menstrual fluid on her office chair." She reported the event to her supervisor, who advised her to leave the premises to change clothing. Soon after her supervisor and HR Director warned her "that she would be fired if she ever soiled another chair from sudden onset menstrual flow." In April of 2016, some menstrual fluid unexpectedly leaked onto the carpet when Coleman got up to walk to the bathroom. Despite immediately cleaning the spot with bleach and disinfectant, Coleman was terminated, allegedly for her failure to "practice high standards of personal hygiene and maintain a clean, neat appearance while on duty." Workplace Legal Protections Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act, barring discrimination of "women affected by pregnancy, childbirth, or related medical conditions." The question Coleman's lawsuit raises is whether either or both laws apply to women undergoing menopause. The Bobby Dodd Institute argued against that proposition in its motion to dismiss the suit, and said Coleman wasn't targeted for being female. A district court judge agreed and dismissed her case in June, ruling it was not clear that Coleman's treatment for "excessive menstruation was treated less favorably than similar conditions affecting both sexes," or that "male employees who soiled themselves and company property due to a medical condition, such as incontinence, would have been treated more favorably." The ACLU took up her case, filing an appeal on her behalf. "Employers have no business policing women's bodies or their menstrual cycles," said Andrea Young, ACLU of Georgia executive director in a statement. "Firing a woman for getting her period at work is offensive and an insult to every woman in the workplace ... That's wrong and illegal under federal law. We're fighting back." Related Resources: Find an Employment Lawyer in Your Area (FindLaw's Lawyer Directory) Pregnancy Discrimination Warning Signs (FindLaw's Law and Daily Life) 5 Reasons You Can't Be Fired From Your Job (FindLaw's Law and Daily Life) When Can You Sue for Wrongful Termination? (FindLaw's Law and Daily Life)
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Nurse Arrested for Not Drawing Coma Patient’s Blood for Police

National news outlets have been reporting the sensational story of a Salt Lake City, Utah nurse who was arrested after refusing the command of a police officer to draw the blood of a comatose patient for an investigation. Fortunately for Alex Wubbels, the nurse involved in the incident, police body cameras recorded the entire event. The nurse cited the hospital policy of requiring a patient's consent, a warrant, or an intent to arrest, before drawing blood for police. When the officer insisted on getting the blood draw done despite not satisfying any of these conditions, Wubbels refused and was then arrested on the spot. What Happened Here? Surprisingly, the coma patient, a truck driver, whom the police were seeking a blood draw from is an innocent victim. Police were chasing a fleeing suspect, when that suspecting crashed head on into the truck driver's big rig, resulting in a fiery crash. The suspect died at the scene, while the truck driver survived, but fell into a coma. The police, in conducting a thorough investigation, were seeking a blood sample from the truck driver to rule out any liability on his end (note: police may not have a legal right to this sample thanks to the Fourth Amendment's protections). The body camera footage clearly shows nurse Wubbels explaining the policy to the officer in charge, and then the officer losing his cool, grabbing her, cuffing her, and forcefully pulling her out of the hospital. During the ordeal, Wubbels can be heard yelling that she did nothing wrong, and that the officer is hurting her. Fortunately, when the superior officer arrived at the scene, she was released. It was explained to the officer that the hospital already took a blood draw, but that they would not release it without proper legal authorization. The city's administration has been extraordinarily embarrassed, issued apologies, and has stated that it is committed to changing policies to prevent this from happening again. The arresting officer has been placed on paid administrative leave pending the investigation into his actions (though the report he filed asserts his superior instructed him to arrest Wubbels). What's the Claim? When officers of law cross the line in performing their duties, both the officers, individually, and the municipality, state, or other government entity can be held liable. Generally, under federal law, 42 USC 1983 protects individuals from police misconduct, including false arrest or excessive force. There may also be claims under state laws, depending on the state where the incident occurred. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Does the iPhone's New 'Cop Button' Work? (FindLaw Blotter) NY DMV Busts 4k Fraudsters With Facial Recognition Tech (FindLaw Blotter) Criminal Charges Following Violence, Death in Charlottesville (FindLaw Blotter)
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Teen Dies After Gym Teacher Refuses Asthma Inhaler Request

'When a child is in the school district, from the time they get there, the school is responsible for their safety.' So said attorney Jay Dorsey, who is representing the family of a 14-year-old girl who collapsed and died after a gym teacher refused repeated requests to retrieve her inhaler from her locker. The family has filed a federal lawsuit against the county board of education, the high school where it happened, and the unnamed gym teacher, charging them with civil rights violations, wrongful death, gross negligence, and negligence in hiring and supervising employees. Asthma Attack The incident happened in Montgomery County, Maryland, and Washington's NBC4 first reported on the lawsuit. According to the suit, Taylor Walton began having an asthma attack during gym class in November 2015, and asked the teacher twice to leave class and get her inhaler: A third time, Taylor again approached the John Doe Gym Teacher and stated that she was still having severe problems breathing and that she (was) leaving class to get her inhaler ... Thereafter, Taylor left the gym class. As Taylor was observed leaving the gymnasium, there were no efforts by Defendant Gym Teacher or other members of the gym staff to accompany her to her locker to help her get her inhaler or to secure her safety. Taylor was found by another school employee, collapsed on the steps outside the gym. Efforts to revive her by school staff and emergency responders were unsuccessful. School Board Breach According to the lawsuit, Taylor had suffered a prior asthma attack in the same gym teacher's class before, school officials we aware she suffered from asthma, and were required to distribute an "emergency treatment plan" to her teachers. Taylor's family is seeking $10 million from the Montgomery County Public School district. "The actions or omissions of the Defendant Board and its staff ... breached the duty owed Taylor," the lawsuit alleges. "Each individual breach by the Board and staff, or in concert with each other, was a substantial factor in proximately causing injury and then death of Taylor." Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) When Are Schools Liable for Student Injuries? (FindLaw's Injured) How Do You Sue a School District? (FindLaw's Injured) Max Gilpin School Football Death Suit Settles (FindLaw's Injured)
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Federal Agents Raid Los Angeles Casino for Allegedly Laundering Money, Again

An ongoing investigation against the Bicycle Hotel and Casino in Bell Gardens, a city in Los Angeles, resulted in federal agents raiding the casino and closing the gambling floor this week. Since the warrant issued for the raid by a federal district court judge was filed under seal, there are only a few details about the investigation. However, this same casino was found, after a 1991 investigation, to have been built using drug money. Although numerous gamblers speculated that the raid was a result of rigged gaming tables, unnamed media sources clarified that the casino is under investigation for money laundering. Casino patrons holding stacks of chips will be pleased to know that the casino reopened this week after investigators finished their search. However, there may be some more legal trouble in their future, depending on what the search discovered. What is Money Laundering? The crime of money laundering occurs when a person exchanges illegally obtained money, such as the proceeds from the sale of drugs, stolen goods, or other criminal activities, for "clean" money. Many financial institutions are regulated in such a way that certain transactions are monitored for suspicious activity. However, businesses that operate with modest, or even sometimes large amounts of cash can sometimes fly under the radar of authorities, as we learned in Breaking Bad. Penalties for Money Laundering Money laundering is a relatively common type of white collar crime. Depending on whether charges are brought by federal or state authorities, the penalties for money laundering can vary. State laws tend to mirror federal laws, but vary from state to state. Typically, the penalties will increase with the amount of money laundered as well as the number of transactions. While one-off offenses can result in only misdemeanor charges, simple fines and short jail sentences, multiple money laundering transactions can lead to multiple offenses and felony jail sentences of several years. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How Stacks of Cash Get People Arrested (FindLaw Blotter) Founder of For-Profit College Gets Prison Time (FindLaw Blotter) Feds Punish NY Corruption: Sheldon Silver Sentenced to 12 Years (FindLaw Blotter)
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Fair Housing Act Protects LGBT Couples

The Fair Housing Act, passed as part of the Civil Rights Act of 1968, protects renters and home buyers from a variety of discrimination based on everything from sex, race, and national origin to religion, marriage status, and pregnancy. But until Wednesday of this week, no court had extended those protections to include lesbian, gay, or transgender people. That all changed when a federal court in Denver ruled that sex discrimination under the Fair Housing Act includes discrimination based on gender and sexual orientation, including discrimination motivated by outdated stereotypes about how men and women should act and with whom they should romantically partner. Judicial Protection Rachel Smith, a transgender woman, and her wife Tonya Smith attempted to rent a townhouse for themselves and their two children in Boulder, Colorado, but were denied, according to their lawsuit, because the landlord did not approve of their "unique relationship." In a ruling their lawyer believes is the first of its kind, the court found that LGBT renters are protected from such discrimination under federal law. "This is the first case under the Fair Housing Act dealing with gender identity where there's been liability found for discrimination based on stereotypes," Omar Gonzalez-Pagan told the Washington Post. "It demonstrates the importance of bringing these cases. Housing discrimination is a significant unreported problem" for LGBT people. Judicial Reasoning The district court's ruling mirrored one issued a day earlier by the U.S. 7th Circuit Court of Appeals in Chicago. There, the court ruled that Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation. Both courts found that sexual stereotyping is a form of sex discrimination, and therefore illegal under federal statutes that bar discrimination based on "sex." In doing so, the courts relied on a 1989 Supreme Court case holding that male partners and managers discriminated against a female employee when they said she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry" in order to advance. In the Smith's case, U.S. District Judge Raymond P. Moore wrote, "Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping." Such sexual stereotyping is illegal under federal law, and therefore the landlord's refusal to rent to the Smith's based on their relationship violated the Fair Housing Act. Related Resources: Find Landlord-Tenant Lawyers Near You (FindLaw's Lawyer Directory) Can Landlords Discriminate Against Unmarried Couples? (FindLaw's Law and Daily Life) Housing Discrimination for LGBT Couples (FindLaw's Learn About the Law) Understanding Your Rights: Housing Discrimination (FindLaw's Learn About the Law)
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3 Common Types of Tax Fraud

Taxes can be scary for many people. The system is not necessarily user friendly. While debtors’ prisons are supposed to be a thing of the past, failing to abide by tax laws can result in criminal penalties, including fines and jail time. To make matters even more complicated, in addition to federal tax laws, there are also state and local tax laws that can have just as harsh, if not harsher, penalties, as one California man recently learned. Below, you’ll find three common types of tax fraud. 1. Underreporting Income Underreporting income is extraordinarily common for any person who is paid, or earns money, in cash form. However, this is a form of tax fraud and tax evasion and can result in serious criminal consequences. The IRS, and even state tax boards, require that all income be reported, which includes cash earned from the sale of goods, tips, and even casino winnings. Because there can often be little-to-no paper trail for industries where workers receive cash tips, or cash payments, oftentimes cash income will go unreported. However, not all underreported income will rise to the level of criminality, at least under federal law. It is conceivable that some cash income received is not reported due to ordinary negligence or a genuine mistake. However, underreporting can be charged as a felony with penalties including a couple years behind bars, and up to $250K in fines. 2. Using Fake Numbers Fudging numbers can result in serious criminal penalties for tax fraud. A person should never just guess, and should especially never knowingly use incorrect numbers, as it can be considered as making a false statement or falsifying a document. There are some checks and balances in place, some of which are computer automated, as well as specialized systems and tools, which can alert the IRS to inconsistencies.It will be hard to prove the defense that using wrong dollar amounts was unintentional, particularly if the results weigh in your favor, and there is not a clear explanation on how it unintentionally occurred. Fudging numbers is likely to be charged as a felony, and carry a few year jail sentence and up to $250K in fines. 3. Claiming Unqualified Deductions Another common act of tax fraud is claiming deductions, credits, and expenses, that an individual or business does not actually qualify for. Doing so can expose an individual to felony charges, a few years in jail, and the same hefty fines listed above. Related Resources: Need help with your taxes? Get your tax issue reviewed by an attorney for free. (Consumer Injury) What Is a Tax Haven? (FindLaw’s Law and Daily Life) Avoiding Behavior the IRS Considers Criminal or Fraudulent (FindLaw’s Learn About the Law) Wesley Snipes Must Report to Prison on Tax Evasion Sentence (FindLaw’s Celebrity Justice)
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Can the Feds Force You to Unlock Your Phone With Your Fingerprint?

You might've thought enabling Touch ID on your iPhone made it more secure. After all, it's harder to fake your fingerprint than to guess a passcode. But when it comes to the law enforcement searches, your smartphone might've gotten a lot more vulnerable. According to Forbes, federal law enforcement officers recently served a warrant on a California home which gave them "authorization to depress the fingerprints and thumbprints of every person who is located at the SUBJECT PREMISES during the execution of the search and who is reasonably believed by law enforcement to be the user of a fingerprint sensor-enabled device that is located at the SUBJECT PREMISES and falls within the scope of the warrant."Essentially, cops could force everyone in the residence to open their phones. Is this really legal? Fourth Amendment Concerns The Fourth Amendment protects people "against unreasonable searches and seizures," and generally requires law enforcement officers to get a warrant before searching someone's home or personal effects. In order for the Fourth Amendment to apply, a person must show that he or she has a "reasonable expectation of privacy" in the place being searched or thing being seized. But courts have consistently found that a person has no expectation of privacy in physical characteristics like fingerprints, and that a police may therefore require that a person give fingerprint samples. So requesting a fingerprint to open a phone likely doesn't violate the Fourth Amendment's reasonableness requirement. In terms of search warrants, they must be based on probable cause, and "particularly [describe] the place to be searched, and the persons or things to be seized." This has generally been interpreted to mean the warrant must be narrow in scope, but, as Electronic Frontier Foundation staff Andrew Crocker told the Washington Post, a warrant that "extended to include any phone that happens to be on the property, and all of the private data that that entails" could stretch those limits. Fifth Amendment Concerns The Fifth Amendment, on the other hand, protects people against self-incrimination and could apply to warrants for biometrics in certain circumstances. In general, courts have not found fingerprints, by themselves, to be self-incrimination because they aren't "testimonial" in the sense that they don't amount to a statement about something. But does that necessarily mean that officers can force you to use your fingerprint to unlock your phone? Law professor and blogger Orin Kerr looked at three such scenarios and opined that, as long as the officers already know that the phone is yours, the answer is probably yes. At that point your fingerprint would not be telling officers anything they didn't already know, or, as Kerr put it, "No testimonial statement from the person is implied by the act of placing his finger on the reader." But when -- as in the case above that involves a search of a residence with multiple phones and multiple people -- cops don't know which device belongs to whom, being forced to unlock a phone could be testimonial: It amounts to testimony that says, "yes, this is my phone," or at least, "yes, this phone was set to recognize a part of my body as a means of access." It further says: "I am familiar enough with this phone to know that the fingerprint reader was enabled and which part of me was used by me to program the fingerprint reader." According to Forbes, the warrant in this case is "unprecedented," but we may see similar warrants as more people use their fingerprints to secure their smartphones. If you've been subject to a similar search, you should contact a criminal defense attorney as soon as possible. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Do You Have to Let Cops Search Your Cell Phone? (FindLaw Blotter) Cell-Phone Fingerprint Ruling: 5 Things You Should Know (FindLaw Blotter) Geo-Tracking: Should Phone Location Info Require a Warrant? (FindLaw Blotter)
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How to Legally Challenge an Election

It's no secret that Donald Trump thinks the upcoming presidential is "absolutely being rigged." When given the opportunity to clarify his stance, Trump said, "I would accept a clear election result, but I would also reserve my right to contest or file a legal challenge in the case of a questionable result." If the results are "questionable," what would such a legal challenge look like? And what grounds would you need to challenge an election's results? Legal Questions Republican election lawyer Chris Ashby told PBS that it wasn't necessary for Trump to reserve his right to contest the election this far in advance, and "after the election, if there is some evidence that an election of electors in a particular state was tainted by fraud, then he could pursue that." Ashby added: "You can't just say that there was generally fraud. You have to know how many votes either from fraud or by mistake. And it has to be enough votes to cover the margin between the candidates. And so, if you think that you have to go out and actually get this evidence, you have to find voters, you have to election records, and you have to quantify this, and you have to do it in a time period of about a month." So, in order for Trump, the Republican Party, or someone else to legally challenge the results of an election, the election must particularly close and there would need to be credible evidence of fraud or miscounting of votes, enough to cover the margin of victory. State and Federal Questions Even though president is a federal office, voting in federal elections is still run by the states. Each state has its own rules and procedures for counting and contesting votes, and any challenge to the results would occur at the state level. Some state laws may require a manual recount if results are within a certain margin, while others may provide a means for a candidate or party to request a recount. Either way, the challenge would need to be made regarding a particular state's results, and it would need to come quickly. Most states have their own deadlines to certify final election results, and federal law requires all states to certify and report their results within 35 days of the election. Trump would need an extremely tight result, legitimate claims of fraud or mistake, and he would need to, very quickly, follow state-specific procedures for challenging that state's result. So a little bit more than simply not winning. Related Resources: Browse Civil Rights Lawyers by Location (FindLaw's Lawyer Directory) Why Voter Fraud Doesn't Matter, but Allegations of Rigged Elections Do (FindLaw's Law and Daily Life) What Should I Bring to the Ballot Box? An Update on State Voter ID Laws (FindLaw's Law and Daily Life) 7 Important Voting Rights Questions (and Answers) (FindLaw's Law and Daily Life)
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What’s the Punishment for Selling Stolen Goods?

The law in every state allows some latitude when it comes to the crime of selling and buying stolen goods. The one factor that can make the most significance is whether buyer or seller knew that the goods were stolen. Although knowledge makes all the difference, however, not knowing generally will not allow a purchaser, nor seller, to keep the proceeds, nor the goods. Depending on the jurisdiction and the value of the goods, certain states can charge the offense as a petty crime. Petty crimes, typically, are misdemeanors, or infractions, that do not carry very stringent sentences. Usually, this is reserved for situations where the value of the goods is less than $500 or $1,000, and did not involve an additional crime, such as a weapons, assault or battery charge. If a seller has no knowledge the goods they are selling are stolen, it is likely they would be treated similarly to a buyer who had no knowledge. Value Matters When a prosecutor is deciding whether to charge a defendant with a misdemeanor or felony for selling stolen goods, the value of the goods is very significant. In California, for example, if the value is less than $950, then selling stolen goods cannot be charged as a felony. However, if there were other crimes committed in conjunction with the sale of the stolen goods, this could change how a prosecutor decides to charge the case. Misdemeanor convictions carry a maximum sentence of one year in jail, while felony convictions can carry sentences of several years or more. Typically, for a felony selling stolen goods charge in California, assuming there are no other crimes, a guilty party could be facing up to one to three years in prison. Under the federal law, selling stolen property across state lines could land you a ten year prison sentence. Business Types Matter If you are a private party found to be selling stolen goods, you may have less to be concerned about than if you are a pawn shop owner or swap meet vendor. In most states, these business operators face stricter regulation when it comes to selling goods.Generally, pawn shop owners and swap meet vendors need to keep track of where and from whom they received the items they sell. Some states require these businesses to conduct a reasonable inquiry into whether the item was legally obtained before they offer the item for sale. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Is It Illegal to Threaten Someone Online? (FindLaw Blotter) Arrested for Vaping? (FindLaw Blotter) Juvenile Carjacker Arrested Twice in 48 Hours (FindLaw Blotter)
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5 Things You Need to Know About Restraining Orders

A restraining order or order of protection can be a person's last resort against threatening or harassing behavior. They can also be a person's only means to stop domestic violence or abuse. In some cases, restraining orders can save lives. In other cases, they can ruin lives or be a tool for harassment. There are two sides to every restraining order, and cops and courts are often caught in between. When properly administered, restraining orders are an important tool in keeping people safe. So here what you need to know about restraining orders: 1. What is a Temporary Restraining Order (TRO)? Start with the basics -- a restraining order or protective order is a court order enforceable by police that prohibits contact between two people. In many instance, it forbids one person from coming within a certain distance of another, and in some cases can include additional restrictions regarding gun ownership. 2. How to Get a Restraining Order Many courts publish protective order processes on their websites. Either there or at the courthouse you should find and fill out a petition for a restraining order and file it with the court. Generally the court will set a hearing on the matter and grant a temporary restraining order in the meantime. 3. Legal How-To: Responding to a Temporary Restraining Order A person against whom a restraining order has been filed must receive notice of the order, the conditions, and any future hearings on the matter. Normally, this entails a written response filing and participation in the court hearing, which can include presenting evidence and witnesses. 4. How to Enforce Your Restraining Order in a New State Nobody seems to stay in one place anymore. So does your restraining order follow you when you move to another state? Federal law requires all states to honor and enforce valid protection orders issued by others states, but are there additional steps you need to take? 5. Legal How-To: Appeal a Restraining Order Even though a court has issued a restraining order, that order can still be appealed, amended, modified, or dismissed. A restraining order can be appealed on paper or, more likely, in court, and there are better and worse ways to appeal a restraining order. The best source of information on restraining orders, whether you're thinking of filing one or trying to fight one, is an experienced attorney -- if you've got restraining order questions contact one in your area today. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Legal How-To: Fighting a Restraining Order (FindLaw's Law and Daily Life) Domestic Violence: Getting a 'Permanent' Restraining Order (FindLaw's Law and Daily Life) Can Facebook Contact Violate a Restraining Order? (FindLaw's Law and Daily Life)
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