Just in time for the upcoming flu season, on September 23, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) sued St. Vincent Health Center, under Title VII of the Civil Rights Act of 1964 (“Title VII”), for what the EEOC alleged to be discriminatory discharges under a flu vaccine policy. More specifically, the EEOC claimed that St. Vincent Health Center, although providing … [Read more...] about Just in Time for Flu Season: The EEOC Files Suit Based on An Employer’s Vaccination Policy
KingSpry Blog
Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
On September 6, the Third Circuit determined that the parent of a child may bring claims to hold a classroom teacher personally liable for the child’s injuries. This case discussed the “state-created danger” exception to the immunity usually granted to government employees while acting in the course of their official duties. The Facts In January, 2013, a woman came to a kindergarten classroom in … [Read more...] about Qualified Immunity Case Suggests School Employees Use Common Sense Addressing Student Matters
When Firing an Employee, Sometimes Form Matters More than Substance
The case of Vladimirksy v. School District of Philadelphia, recently issued by the Pennsylvania Commonwealth Court, is an important reminder that when it comes to employment terminations and discipline, process and procedure sometimes matter even more than what you are terminating the employee for. In Vladimirksy, a school district attempted to fire a teacher for an incident in which the teacher … [Read more...] about When Firing an Employee, Sometimes Form Matters More than Substance
PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process
On August 29, 2016, the Pennsylvania Supreme Court reversed a decision to terminate a father’s parental rights in the matter of Adoption of M.R.D. and T.M.D.. The Court held that the child’s mother did not present a valid adoption petition, where she sought to retain her parental rights and to co-parent with her own father following the adoption. Parents separated prior to the birth of their twin … [Read more...] about PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process
Pennsylvania Supreme Court to Review Challenge to District’s Right to Appeal Under-Assessed Properties
The Pennsylvania Supreme Court is currently reviewing matters concerning one of a district’s most basic financial vital lines, real estate tax, and you probably did not even know it. On April 26, 2016, the Supreme Court granted a petition for allowance of appeal in the matter of Morgan Properties Abrams Run Owner LP, et al v. Upper Merion Area School District, et al. This is an action for … [Read more...] about Pennsylvania Supreme Court to Review Challenge to District’s Right to Appeal Under-Assessed Properties
USDOE Hints That Pattern of Student Discipline May Signal FAPE Violation
In a Dear Colleague Letter issued on August 1, 2016, the Department of Education takes aim at addressing concerns about the discipline and behavior supports provided to students who qualify under the IDEA and suggests that shorter suspensions, while permissible under the IDEA, may in fact be an indication of a denial of a FAPE. While the guidance does not change current law, it does argue quite … [Read more...] about USDOE Hints That Pattern of Student Discipline May Signal FAPE Violation
