The Eighth Circuit recently affirmed the dismissal of a Title IX lawsuit by a sixteen-year-old high school junior who was visiting the college and alleged she was given alcohol and sexually assaulted at a college fraternity party. Title IX is a federal statute that prohibits sexual discrimination, including sexual harassment and sexual assault, “on the basis of sex.” The Eighth Circuit’s ruling … [Read more...] about Can a Non-Student Bring a Title IX Lawsuit Against a College?
Guns-in-Schools Bill: Life-saving or Liability?
In May 2017, SLB 204, KingSpry reported that Republican Senator Don White’s bill proposing that Pennsylvania school districts allow school personnel to carry guns in schools was being considered by the Legislature’s Education Committee. That bill, SB 383, passed the Senate on June 28, 2017 by a vote of 28-22, and now is in the House Education Committee for consideration. However, a last-hour … [Read more...] about Guns-in-Schools Bill: Life-saving or Liability?
The Law May Have Become a Little Less Hazy on Medical Marijuana and Employees
As I wrote last month, the courts around the country are increasingly addressing cases on how to apply various state medical marijuana laws in the employment context, and such cases are likely a foreshadowing of what we can expect in Pennsylvania. A case out of Connecticut this past week, which has a state statute that is in substance identical to Pennsylvania’s Medical Marijuana Act on the issue … [Read more...] about The Law May Have Become a Little Less Hazy on Medical Marijuana and Employees
Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
Disciplinary action against a protected employee likely occurs on an almost weekly basis in some schools throughout the state. Though there are small differences in procedures, all such proceedings must incorporate certain basic constitutional protections such as Loudermill hearings. Just recently, the Commonwealth Court had the opportunity to weigh in on the termination of a superintendent, … [Read more...] about Impermissible Commingling of Functions By A School Board Raises Constitutional Due Process Concerns
FDA Directs New York Doctor to Stop Marketing “Three-Parent Baby” Procedure
On August 4, 2017, the U.S. Food and Drug Administration (FDA) reprimanded Dr. John Zhang, CEO Of New Hope Fertility Clinic in New York, for marketing his controversial “three-parent baby” technique. Dr. Zhang’s procedure, still deemed experimental, combines the DNA of three individuals into a single embryo by using a technique called nuclear transfer. Humans carry DNA in two different places: … [Read more...] about FDA Directs New York Doctor to Stop Marketing “Three-Parent Baby” Procedure
Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
Just this Tuesday, August 1, 2017, the Pennsylvania Commonwealth Court decided that the rigorous elements of the Construction Workplace Misclassification Act (CWMA) could not be applied to the common law determination of whether someone is a contractor or an employee. What is the difference between the CMWA and the common law? The CWMA has a checklist of criteria that must be met for a … [Read more...] about Good News, Employers: Pennsylvania’s Commonwealth Court Clarifies Some Flexibility in the Employee/Independent Contractor Distinction
