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On 7 June 1999, Maguire made a complaint to the human rights and equal opportunity commission (HREOC), alleging that the Sydney Organising Committee for the Olympic Games (SOCOG) had discriminated against him as a person disabled, in contravention of the Disability Discrimination Act 1992 [1] in three aspects: the failure to provide braille copies of the information required to order Olympic ...
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing.
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
Another incentive for attorneys to make sure that the text of a declaration precisely matches the declarant's recollection is that the witness may be subject to impeachment at trial if discrepancies between the declaration and any later testimony turn out to be significant. Another more practical drawback is the conservative nature of the law.
Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back to the requesting court. Insofar as requests to US courts are concerned, the use of letters rogatory for requesting the taking of evidence has been replaced in large part by applications under 28 USC 1782 ...
The docuseries quoted a section of Kerns’ letter, which read, “I can only believe there must have been some extreme situation or temptation exerted upon him to influence his actions.”
Disability rights advocates Patrisha Wright of the Disability Rights Education and Defense Fund (DREDF), and Evan Kemp Jr. (of the Disability Rights Center) led an intense lobbying and grassroots campaign that generated more than 40,000 cards and letters. After three years, the Reagan Administration abandoned its attempts to revoke or amend the ...