Proof of Bias – Perceived As – Lawsuits and the ADA

Richard / April 10, 2016

Proof of Bias – Perceived As – Lawsuits and the ADA

Searching for employment can be a difficult task for a number of reasons. In the cases of the disabled, that search is much more difficult. Discrimination toward disabled job applicants and employees was so rampant that the government stepped in and the Americans with Disabilities Act was drawn up. The intention was to give the disabled the same rights as any other job-seeking citizen.


Americans with Disabilities Act

Following the enactment of the ADA, jobs for the disabled didn’t increase. Employers, however, were now more aware that turning down an applicant due to their disability was illegal. With these rules firmly established, the disabled were free to apply for and work at any job they chose. This was the goal at least, but the reality was a more complex.

The Americans with Disabilities Act

The Americans with Disabilities Act was created with the vision to defend the disabled in the workforce. The act opened a pathway for people with disabilities to have some recourse in discriminatory situations. The law expressly states that no employee or prospective job applicant can be rejected due to his or her disability.

Recently, the ADA has been tested with what has become known as “perceived as” lawsuits. These suits are filed on the behalf of people who feel that they have had their rights violated due to a job related incident. The term “perceived as” has raised questions regarding the validity of the claims and the ADA itself.


Perceived As Lawsuits

“Perceived As” Lawsuits

Bias is a serious subject, especially when it presents itself in a job setting. Every person has the right to earn money, but the environment in which this is done can sometimes be unfavorable. The ADA was meant to even the playing field, and protect people suffering due to discrimination.

Obvious discrimination and prejudice based on another’s race or religion can be cut and dried. Cases have emerged where the discrimination is more subtle, obscured, or based solely on perception. The cases based on perception are known as “perceived as” cases. These cases are difficult to prove and there is debate on whether or not they should be placed under the ADA umbrella.


Racial bias is perhaps the most common reason for a discrimination lawsuit. This can be complicated when the bias is wholly, or in part, perceived. A recent case involving an Iranian engineer charged that the engineer’s supervisor acted in a discriminatory manner toward her. She claimed this discrimination was based on the supervisor’s erroneous assumption that she was of Indian descent.

A judge on the case came to the decision that the engineer was within her right to sue and that there was no need to prove that the supervisor knew of her nationality. This decision allows for lawsuits of similar treks to continue based on only the claimant’s perceptions of the discrimination. In a nutshell, the suit is based on the perception of a misinterpretation.


Religious lawsuit


Kallabat v. Michigan Bell Telephone Co. was a “perceived as” lawsuit brought on by employee Basil Kallabat. Kallabat claimed to have experienced negative treatment due to the perception that he was a Muslim. The claim that Kallabat was discriminated against due to his appearance and manner of dress is difficult to prove. This burden of proof comes down to a war of words rather than deeds.

Federal judges in more than one case similar to Kallabat’s have determined that the “perceived as” bias is valid. This validity has paved the way for legitimate lawsuits based on religious bias. Other cases involving Catholic and Jewish workers have also made their way to the courts.


An increasing category of discriminatory lawsuits pertains to sexuality. Harassment and sexual misconduct are commonplace complaints, but a different form of the old harassment has risen. Same-sex sexual harassment has entered into the fray. Barrett v. Pennsylvania Steel Co. was filed in answer to such a case.

This employment law article was provided to inform and protect businesses like yours from compliance problems. When you’ve got employees, you must have quality labor law protection. If you’re operating from Sacramento, use one of these Labor Law posters for complete compliance protection. You won’t find more up to date compliance posters available currently.


sexual discrimination lawsuit

The case featured a male office worker accusing a male co-worker of harassment. The harassment consisted of the defendant engaging in sexual conversations and verbally harassing the claimant when he did not participate in the sexually charged verbal exchanges. These actions are clear violations of the law covering sexual harassment in the workplace laws.

The above cases are all examples of cases that have been ruled by judges as valid and worthy of trial. These rulings are not the standard, and many other similar cases have been summarily dismissed. “Perceived as” lawsuits are often rejected on a simple premise. Perception and reality may not be one and the same to all parties involved.

The ADA covers the discrimination and harassment of the disabled, and cases of bias based on race, religion, sexuality, and gender. The perception of any of these types of discrimination taking place is up for debate and interpretation.



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10 Family Must-Do’s on Your Next Visit to Disney World

Richard / October 14, 2015

10 Must-Do, Kid-Friendly Experiences for Your Next Visit to Disney World

Without question, Disney World is a kid-friendly experience that the entire family will enjoy on a huge level. A lot of families make the trip on an annual basis for that reason. Disney wouldn’t be Disney if they weren’t always expanding and changing the park, in addition to coming out with new rides and attractions to keep things fresh. If you want to learn about ten great attractions that the park didn’t have the year before, read on and start planning that trip.

Family Time at Disney World

Family Time at Disney World


The Festival Of The Lion King

Think about this for a second — it has been a whopping two decades since this undisputed Disney classic hit movie theaters. Thankfully, it is still alive and well thanks to this wonderful show. You will be able to see it when you take a trip to the Harambe Theatre. This theater is located in Disney’s animal kingdom in the Africa section. When my family went, my kids were in awe. So if you are tired of the hustle and bustle of the park and want to chill out for a bit, make sure that you stop by.

The New Fantasy Land

Any Walt Disney World expert knows that this is the place where the magic gets real. In terms of renovation, this section of the park has undergone the absolute most. You will be able to enjoy a great new water splash area that your kids will use to beat the heat. They can also jump on a new Dumbo themed attraction or mingle with the many Disney characters around.

Disney's Fantasy Land

Disney’s Fantasy Land


Peter Pan’s Flight

This ride is definitely worth the wait in line. With that said, if your kids are getting restless after a long day at the park, you will be able to enjoy the new perks that come with this ride. As you wait in line, your kids can participate in interactive entertainment featuring Peter Pan and Tinkerbell. This is a great way to pass the time while waiting to get on the ride.

The Seven Dwarf’s Train

If you are looking for a roller coaster that is getting a ton of buzz, this is the one. You will see that this is more than just a regular roller coaster, it features glistening jewels and diamonds inside of the mine. Once you’ve reached the apex of the roller coaster, you will get a breathtaking view of the entire theme park.

Disney's Festival Of Fantasy Parade

Disney’s Festival Of Fantasy Parade


The Festival Of Fantasy Parade

When it comes to parades, Disney can’t be beat. In this new Fantasy Land attraction, you will get to see a 50 foot long Dragon, plenty of great music and a new, never heard before theme song. This parade was such a treat that we took the kids to see it every single day at the park.

Sing Along With Frozen

If you have a child, you likely know just how much frozen heads swept the world in their imagination. Here you can take advantage of a wonderful reenactment of the movie. In doing this, you will get the treat of hundreds of kids singing along with their sweet little voices.

Disney's World Frozen

Disney’s World Frozen


Big Hero Six

When you visit this attraction, you will get to go through the garage and meet all of the characters in the movie. This is a must for any fan of the film.

The Kid-Friendly Trattoria Al Forno

When you have had your fill of rides, you have to make sure that you get your fill of food. This Italian restaurant is brand-new and features plenty of pizzas that are delicious to kids and adults alike. As a bonus, you get to take in some magnificent views of the water.

Disney's Trattoria Al Forno

Disney’s Trattoria Al Forno


A Donald Duck Dinner

My boys absolutely loved this experience. With this safari themed all-you-can-eat buffet, you can try some kid friendly favorites along with some African meals. You also get to take plenty of photos with Donald Duck and Daisy duck.

The Polynesian Village

This resort is deemed after some famous Bora Bora villas. You will get to enjoy large rooms with a private pool. This is excellent if you want to have a great spot to kick back and enjoy the fireworks that come on every night.

Disney's Polynesian Village

Disney’s Polynesian Village


These are some wonderful kid-friendly attractions that you will be able to enjoy the next time you decide to visit Walt Disney World. You will be able to take advantage of these excellent and brand new attractions, which are fun for the whole family. As you can see, Disney World is a fun filled park that always features new developments. If it has been some time since you have made a visit, you will be able to enjoy these brand spanking new perks that are filled with magic.

Author Profile:

Hi! My name is Jessie. I’m a Mom who runs a baby product blog. I love writing about baby products and adventures with my little ones. I love just grabbing them, putting them comfortably in their baby jogger city select stroller and heading out for the day. Whether we hit the park, a mall or an art show, it’s always a fun day. Please leave me a comment if you enjoyed my article or agreed – or disagreed – with my thoughts. I’d love to hear from you on my social media pages as well. Until next time, take care of yourself and your loved ones!

Strategies The Pros Use to Generate Publicity for Retail Outlets

Richard / February 18, 2015

Strategic Ways to Generate Publicity for Your Retail Outlet




Letting your customers know who you are, where you are and what services or products you offer is the most important tool retailers have to gather customers and make sales. If your customers don’t know you or can’t find you, they won’t buy from you. A retail store must get its name out there to the public. There are many strategic ways to do this.

Publicity Matters

Being interviewed or quoted in the local paper or news media is publicity. Blogs, online posts or radio interviews about a business are publicity as well. Publicity gets the business’s name out there to buyers. If they see it, hear it or read it, they might check it out personally.


Getting started

Getting started

Getting Started

Networking through journalists is one of the best ways to get a company’s name out there. Check the local newspapers, radio stations and their web sites for comments applicable to your industry or business. Like them, comment on them and follow them. Make sure you’re ready if they need a comment or interview, and they will pick you because your name is familiar.

Tracking Your Efforts

Wasted effort is wasted money, which makes the ability to quickly know who you’ve commented on important. Keep track of comments on web sites, including the URLs and what was written. Make sure you can post relevant emails based on previous posts or send emails with information on previous posts if necessary. Helping the journalist remember you will translate into better access to getting interviews and mentions.


Business relationship

Business relationship


Continue the Relationship

Relationships with those in the media are important and need attention. Keep current on what they’re posting and contribute if possible. Make sure to update them whenever an item in your retail sector is applicable to something they are writing. Make sure they have a reason to remember you kindly, and they will return the favor.

Professional Links

Professional networking sites such as LinkedIn are important business contacts. This includes the media as they are professionals, too. Never forget: the media can help you and you can help them. They need stories, and you need your name out there. Networking with those who can put your business on media sites and broadcasts will help them remember you and post about your business because they are familiar with you and your business.


Presenting ideas

Presenting ideas


Pitching a Story

Occasionally a story about your industry or business will be newsworthy. There is nothing wrong with emailing a journalist with a pitch to do a story. Don’t forget to mention you’ll be available for an interview, comment or background if necessary. Be helpful, but don’t insist as nobody likes to be pushed around or used. Make it their choice to do the article. Remember to mention something you’ve commented on previously.

Invitations to All

Whenever you run an event at your store, invite everyone possible. The more the merrier! Don’t forget the journalists, who might choose to do a news item about the event. Make sure it is a newsworthy event, not just a sale. Opening a new store or a grand opening are events. Having a mega party at your retail store to help someone in need is also a newsworthy event.





Reciprocal Linking

Whenever you write a blog on your web site, make sure to link to other sites which are media or related blogs to your post. If possible, invite those other sites to link back to your blog. This is reciprocal linking, and it is a way to raise the standings on your business in the world of internet browsers. It makes your business easier to find for customers seeking you.

Sponsor Local Charities

A time-tested method for many businesses is sponsoring local charities. Each event for a charity is an opportunity to get media coverage and get your business’s name in print or on air. Invite everyone, write a blog with links to get the word out, and don’t forget to invite the media to your local charity events.





Local Announcements

If you are sponsoring an event for a charity or good cause, make sure to check all the local newspapers and media for event calendars. Many publish these notices for free and many people read them. This is a great way to make an event well-attended and possibly get media coverage.

Publicity can make a business. The more free publicity a business gets, the more people will notice it and the more customers are possible. Sales do not happen without customers, and customers need to hear of a business in order to find it. Publicity is a great way to get attention for your business without a large advertising budget.

If you have ideas on this topic to share, please visit our Scoop.It page here and leave your comments or suggest some useful links to explore on this topic.

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Pause for a moment and think about how YOU would deal with the issue of managing your staff’s time, attendance and time off requests. What’s your go to tool? Is using employee time and attendance software? Is it using paper products you’ve used for years? What about desktop software that you, or someone you’ve outsourced your HR operations to? With the day to day complexities of running a business, savvy owners are shifting to using web-based employee time clock software to simplify much of the tedious chores involved in dealing with staff in a labor law compliant manner. Leave a comment below to let us know please.

Tax Benefits That Expired in 2013 Could Hit ALL Taxpayers

Richard / December 8, 2014

Tax Breaks That Expired in 2013 Could Hit 17% of Taxpayers Today

The mortgage insurance premium deduction, mortgage debt relief tax benefit, educator expenses deduction, tuition and fees deduction, state and local sales tax deduction, charitable IRA distribution provision and non-business energy property credit have expired. According to a new analysis done by the Tax Institute at H&R Block, the expiration of tax benefits could negatively impact as many as one in six taxpayers.


Consumers and Small Businesses could be hit by Tax Breaks Expiring

Consumers and Small Businesses could be hit by Tax Breaks Expiring


What Happens if Congress Doesn’t Renew Expired Tax Breaks?

About 17 percent of taxpayers would no longer receive the same tax relief they experienced in 2013 unless Congress renews all 55 expired tax breaks. To emphasize just how beneficial these past tax breaks have been to taxpayers, the Tax Institute of H&R Block estimated that five of the more widely used expired tax breaks delivered over $87 billion in tax benefits to individuals in 2013.

Changes Facing Taxpayers for This Upcoming Tax Season

According to the Executive Director of the Tax Institute, Kathy Pickering, taxpayers will face changes for the upcoming tax season regardless of what decision Congress makes concerning expired tax breaks. This means that residents belonging to seven states – including Florida, Texas and Washington – will no longer be able to deduct state and local sales tax from their federal returns. Homeowners who previously claimed their mortgage insurance premiums as an itemized deduction would lose their ability to maximize their tax savings. Moreover, teachers would no longer be able to reclaim a considerable portion of their out-of-pocket expenses for classroom supplies using the $250 educator expenses deduction.


Small Business Foreclosures Are sometimes Result from Tax Inefficiencies

Small Business Foreclosures Are sometimes Result from Tax Inefficiencies


How Taxpayers on the Brink of Foreclosure Will Be Affected

One of the most devastating effects of the recession was the impact it had on millions of homeowners who could no longer afford to pay their mortgages. Thankfully, the Mortgage Debt Relief Act, passed in 2007, allowed these homeowners to claim a taxable income exemption from the discharge of debt on their principal residence. Unfortunately, many taxpayers’ debt discharges could soon turn into taxable income, which in turn could incur a heavy tax bill when they file in 2014. This would not only slow down the housing market’s rate of recovery, but also force millions of homeowners to stay in homes worth less than their mortgages.

The Pattern of Congress Extending Tax Breaks

The Tax Institute of H&R Block noted that Congress has retroactively or proactively extended or renewed expired tax benefits five times in the past decade between the last to the first part of the year. However, Congress’s pattern of renewing much needed tax breaks just in the nick of time for millions of taxpayers might finally be broken, so taxpayers should start preparing  to look for alternative benefits to receive tax relief.

Filing Tax Returns in 2015

To make sure that they receive the most savings on their returns, taxpayers should take time out to review the expired tax breaks they used in the past and learn about active alternative benefits posted on the IRS’s website that could take their place. Examples of credits and deductions that an individual or small business could still take advantage of include: the Earned Income Tax Credit (EITC) that allows qualified taxpayers who make less than $52,427 during 2014 to keep more of what they earned; the Health Coverage Tax Credit (HCTC), which pays 72.5% of health insurance premiums to eligible individuals and their families; the Adoption Credit, which provides relief for qualified taxpayers who adopt an eligible child; and finally, the Business Expense Deduction, which helps business owners claim deductions on certain business expenses including depreciation.

Expired Tax Breaks Facts

Many taxpayers will be eligible to claim alternative credits; however, these credits are not identical to expired tax breaks and have unique qualifications and restrictions. The fact remains that one in every 14 taxpayers (totaling 10 million tax returns) will still be affected by the expiration of the state and local sales tax deduction, which translates to $17.5 billion in lost tax savings. In addition, teachers who claimed the educator expense deduction on about four million returns will lose more than $996 million of out-of-pocket expenses. Taxpayers who applied the mortgage insurance premium deduction on over 4.5 million tax returns will lose $6.2 billion in tax breaks.

How Students Will Be Affected

There were many areas where students qualified for tax deductions in 2013. Last year, students were able to use the tuition and fees benefit to deduct $4.5 billion on over two million returns. Although this benefit is no longer available, students may still be eligible for the Lifetime Learning tax credit or the American Opportunity tax credit, which have different income ranges and different eligibility criteria. If a student qualifies for more than one tax break, he or she could use whichever tax break is more beneficial.

Lost Tax Savings for Homeowners

Homeowners who collectively filed 500,000 tax returns using the mortgage debt relief tax benefit will lose $58 billion. Taxpayers who saved $1.5 billion for making energy improvements will no longer receive the Residential Energy Efficient Property Credit. Additionally, taxpayers who increased their home’s heating and/or cooling efficiency can no longer use the Non-business Energy Property Credit. Lastly, the 14.2 million taxpayers who rolled over tax free IRA distributions to qualified charitable organizations in 2013 will lose this option when filing next year.

Quick Tax Filing Tip for Small Businesses

Tax time is always a critical time of year for a small business.  Some start off by doing their taxes in-house, then upgrading to outside tax-pros to manage it for them.  Regardless of the choice, when you efile 1099 forms, it’s a smart option because of the speed of delivery, the reduction of paper usage, and the ease of record-keeping.  The ultimate benefit is the speed of any refund your business could receive.

There are several e-file solutions available on the market. If you’re using someone outside of your office to file your tax forms, make sure they choose a reliable service for their e-filing.  If doing your taxes in-house, search for an efficient way to prepare all the forms and deliver them to employees and contractors.

If you need to file 1099 electronically, an industry leader in e-filing services is eFile4Biz.  They make the job easier on you by doing both the e-file of you 1099’s and w-2 forms, including printing and delivering the paper copies to recipients as well. Search for the providers that will do the majority of the work for you, so you can focus in running your business, instead of doing taxes. Visit our Bitly and let us know what you though about this post.

The Basics Of Using The HCFA CMS 1500 Form

Richard / September 3, 2014

The ins and outs of insurance billing in medical offices.

Medical billing generally requires the use of several docs, for different purposes. There are so many, they can become undeniably confusing. The hcfa cms form 1500 is the most important. You need this in medical offices when requesting payment for services rendered. The CMS 1500 was not always referred to as such. At inception, it was dubbed the HCFA 1500. It was named in reference to the Centers for Medicare and Medicaid Services.


Everything from a check-up means using the CSM 1500.

Everything from a check-up means using the CSM 1500.

Most medical offices use this form for Medicaid State Agency invoicing.

The form is mostly used by non-hospital providers and suppliers in the medical industry.The rule is that you must file your cms 1500 version 02/12 claim form with the payer inside of 365 days of providing services to patients.  Some people attempt to use copies of the form, but quickly realize it is produced with a unique ink, making it impossible to re-use. Due to a specific scanning technology called Optical Character Recognition, the red ink facilitates the reading of the information on the form.


Simply getting first aid under insurance requires cms 1500 billing form submission.

Simply getting first aid under insurance requires cms 1500 billing form submission.

If the ink is not 100% good quality, submission errors result.

It’s critical that you have a document with the exact ink and data on it to have a successful submission. Ensuring your submissions succeed requires use of the latest form version, and the correct ink specifications. Not using the correct form typically leads to form rejections, along with delayed insurance reimbursements.


Make the wrong move… and you get nothing.

On top of this, waiting too long to re-send the updated form could result in no reimbursement whatsoever. So make sure when purchasing this form, you are buying from a company that is reliable, and has the exact ink that is needed. This will keep your office operating smoothly, and your claims paid out on time.