On May 20, 2014, Pennsylvania became the 19th state to strike down laws that banned same-sex marriage in the case of Whitewood v. Wolf. Governor Corbett announced he has no plans to appeal the decision entered by Judge John E. Jones, III; however, the Commonwealth defendants officially have thirty (30) days to appeal the ruling. Meanwhile, as the time to appeal winds down, employers should review … [Read more...] about Pennsylvania Employers Should Review Employee Benefit Plans and Policies After Federal Court Strikes Down Same-Sex Marriage Ban
Pennsylvania Takes Major Step Down The Aisle to Marriage Equality, Brings Many Legal Changes for LGBT Couples
Yesterday, May 20, 2014, a federal judge struck down Pennsylvania’s ban on marriage for same-sex couples, ruling that it unconstitutionally discriminates against lesbians and gay men. Judge Jones’s order directs the Commonwealth to permit same-sex couples to marry and to recognize valid out-of-state marriages. The lawsuit, Whitewood v. Wolf, was filed on behalf of a widow, 11 couples who wish to … [Read more...] about Pennsylvania Takes Major Step Down The Aisle to Marriage Equality, Brings Many Legal Changes for LGBT Couples
Prompt Remedial Action Remains Effective Method of Defeating Harassment Claims
One of an employer’s most powerful tools for defeating workplace harassment claims is to take “prompt remedial action” upon learning of the alleged harassment. When an employee makes a harassment complaint, an employer may avoid liability if it can establish that it took prompt remedial action to protect the employee. Whether an employer took prompt remedial action is a fact-based determination … [Read more...] about Prompt Remedial Action Remains Effective Method of Defeating Harassment Claims
The Freundian: Slip What’s The Beef?
Charter schools and traditional publics share educational territory. So, like the farmers and the cowmen in Oklahoma, they should be friends. The cause the schools have in common is adequate resources for the goal they share. Rather than quarreling with each other like hungry puppies at an empty puppy bowl, charter schools and traditional publics should turn, not on each other, but to Harrisburg … [Read more...] about The Freundian: Slip What’s The Beef?
When is a “Temporary” Injury a Disability?
Recently, the Fourth Circuit Court of Appeals became the first appellate court to offer insight into the American with Disabilities Act Amendments Act’s (ADAAA) broadened definition of the term “disability.” Previously, courts interpreting the ADA typically did not consider impairments that were only temporary in nature to be disabilities. In 2008, however, Congress passed the ADAAA providing that … [Read more...] about When is a “Temporary” Injury a Disability?
Third Circuit Holds Stay-Put Provision of the IDEA Applies Through End of Appeals Process
In a case of first impression, (M.R.& J.R. on behalf of E.R. v Ridley School District, No. 12-4137, 3d Cir. Feb 20, 2014) the United States Court of Appeals for the Third Circuit has held that the stay-put provision of the IDEA applies through the end of the appeals process. As a result, the Ridley School District was obliged to pay for nearly three years of private school tuition, despite … [Read more...] about Third Circuit Holds Stay-Put Provision of the IDEA Applies Through End of Appeals Process
