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Legislative changes made in 1996, expanding what may be included on a jury verdict sheet, do not allow instructing a jury on the burden of proof, the New York Court of Appeals ruled Thursday. In People v. Jeffery H. Miller (2012 NY Slip Op 02127), the Court of Appeals also decided that when a jury verdict sheet exceeds the limitations of the law, harmless error analysis cannot be applied.
Within the next 12 to 18 months, employers can expect to see the US Equal Employment Opportunity Commission (EEOC) issue new guidelines that require empirical evidence for the "business necessity" defense in racial discrimination cases that arise from screening and hiring practices, according to Rod Fliegel, a partner at Littler Mendelson in San Francisco. Sensationalized headlines about workplace homicides and inflated vendor claims paint a dramatic picture of workforce criminality and criminal screening as an effective risk-reduction practice. To construct new guidelines for screening and hiring, the EEOC will draw from testimony given in its November 2008 hearings and from the 3rd US Circuit Court of Appeals' 2007 decision in the case of El v. SEPTA, according to Fliegel, who represe...
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