In a unanimous decision this week, the United States Supreme Court overturned a higher standard to be applied in the educational context of a need to show bad faith or gross misjudgment by school personnel in order to support a claim for compensatory damages under the Rehabilitation Act of 1973 and the ADA. What does this decision mean for your school? The Supreme Court held that, in the … [Read more...] about SCOTUS Decision Makes It Easier for Parents to Support Claim for Compensatory Damages Under the ADA and Section 504
ADA
Navigating Digital Accessibility and the Americans with Disabilities Act After Title II Rule Update
In response to the evolving landscape of digital technology, the Department of Justice has issued a significant rule updating regulations for Title II of the Americans with Disabilities Act (ADA). This rule, published on April 24th, requires state and local governments, including K-12 public schools, to ensure accessibility of web content and mobile applications to people with disabilities. … [Read more...] about Navigating Digital Accessibility and the Americans with Disabilities Act After Title II Rule Update
Cannabis Laws and What They Mean For Pennsylvania Employers
Medical marijuana is allowed in Pennsylvania, and recreational use of cannabis is legal in nearby New Jersey. However, the federal government still defines cannabis as a Schedule 1 substance with "no currently accepted medical use and a high potential for abuse." What does that mean for Pennsylvania employers? The rules can be confusing, especially since more of your current and prospective … [Read more...] about Cannabis Laws and What They Mean For Pennsylvania Employers
Court Keeps Mask Mandate in Place to Protect Medically Fragile Students
On February 7, 2022, a federal judge ruled that Perkiomen Valley School District must continue to enforce their mandatory masking policy, holding that to end the mandate would violate the Americans with Disabilities Act by putting immunocompromised students at risk. The action was brought by children with disabilities and their parents, on behalf of themselves and similarly situated children, in … [Read more...] about Court Keeps Mask Mandate in Place to Protect Medically Fragile Students
EEOC Updates COVID-19 Guidance: When Is COVID-19 Considered a Disability Under the Law?
On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 technical assistance to clarify when COVID-19 might qualify as a disability under the Americans with Disabilities Act and the Rehabilitation Act. Earlier in 2021, the Department of Justice and the Department of Health and Human Services had issued guidance on “Long Covid” as a disability. This new … [Read more...] about EEOC Updates COVID-19 Guidance: When Is COVID-19 Considered a Disability Under the Law?
