In a fascinating case out of Massachusetts, it was found that an employee could sue her former employer for disability discrimination due to the failure of the employer to create an accommodation that would exempt her from drug testing for her use of medical marijuana outside of the work day. The case, which appears to be the first the country to allow such a claim to proceed, notes the growing … [Read more...] about Medical Marijuana Employment Case in Massachusetts Could Foreshadow Potential Claims to Come for Pennsylvania Employers
KingSpry Blog
Third Circuit Court of Appeals Finds That the Single Use of a Racial Slur May be Sufficient to Create a Hostile Workplace
Employers are well advised to take steps to create a safe work environment. In the case of Castleberry v. STI Group, No. 16-1313 (3d Cir., July 14, 2017), the Third Circuit Court of Appeals (which covers Pennsylvania) joined several other Courts of Appeals in finding that a single use of a racial slur can be sufficient to show a hostile work environment on the basis of race. In Castleberry, the … [Read more...] about Third Circuit Court of Appeals Finds That the Single Use of a Racial Slur May be Sufficient to Create a Hostile Workplace
PA Supreme Court Leaves School District Right to Appeal Underassessed Properties Intact, So Long As Appeal Not Based on Property Type
Last week, after much anticipation, the Pennsylvania Supreme Court issued a decision that told everyone what they already knew. In the matter of Morgan Properties Abrams Run Owner LP, et al v. Upper Merion Area School District, et al, a group of apartment complex owners filed a lawsuit against the School District alleging the District’s process of selecting only under-assessed commercial … [Read more...] about PA Supreme Court Leaves School District Right to Appeal Underassessed Properties Intact, So Long As Appeal Not Based on Property Type
Sperm Donor Agreement and Adoption Decree May Be Necessary to Ensure Donor’s Parental Rights Are Terminated
As the law varies from state to state, the definition of legal parentage is applied differently, which may impact how the law applies to known donors. In Pennsylvania, a genetic link to a child can be a determining factor in parentage and may require legal action to ensure legal parentage to avoid unexpected consequences of the donation. As the birth certificate is only an administrative … [Read more...] about Sperm Donor Agreement and Adoption Decree May Be Necessary to Ensure Donor’s Parental Rights Are Terminated
“Slant”-ing is OK, Says The High Court
In February, 2017, we discussed a case being argued in front of the U.S. Supreme Court brought by Simon Tam, lead singer of a dance/rock band who wanted to register a trademark “The Slants” for his band. The Patent and Trademark Office (PTO) had rejected his application, applying a provision of the Lanham Act that barring the registration of trademarks that may “disparage . . . persons living or … [Read more...] about “Slant”-ing is OK, Says The High Court
Unmarried Fathers Should Know Their Rights Regarding Paternity, Custody, and Child Support
Over the last several decades, the United States has seen a growth in the number of births to unmarried couples. Today, 40% of all children born are born to unmarried parents, up from 18.7% in 2007. In part, this increase is attributable to a growth in non-marital births within cohabitating unions. National surveys indicate that from 2006-2010, more than half (58%) of all nonmarital births … [Read more...] about Unmarried Fathers Should Know Their Rights Regarding Paternity, Custody, and Child Support
