Raul Jauregui

Represent students, faculty, and staff responding to TIX sexual misconduct.

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Civil Rights: Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law

Employment Law: Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Legal Answers

Q. Our school is refusing to allow our children with health issues to switch to a virtual model. Is this legal?: October 5, 2020; A: I'm very sorry to her of this situation which sounds dreadful, but, I hasten to add, I am not giving any kind of opinion.

I do think, from what little I discern just from this question, that if I was a parent in that situation it would seem to me that at the very least if my child was awaiting leukemia results, that child of mine would need to demand accommodations from the school because, for example, as you say, anything that depresses the immune system makes that child, as an ongoing matter, susceptible to infection, and the child is probably less active than others--so why make the child be in an infectious and exhausting environment?

To me, a child in those conditions, sounds like a child with a borderline a disability--not that different from, for example, a seeing impaired child. And one that probably has a right to an accommodation like remote studying; assuming this is all backed up with medical records.

And students who have disabilities, probably including that kind, where the school has actually denied the optimal way to deal with that disability, through an accommodation denial, I believe, have a right to complain with the US Education Department in the office for the individual state which I would look up here:

https://ocrcas.ed.gov/contact-ocr?field_state_value= ... Read More

Q. How can a group of student get a class actions started against a college for discrimination and retaliation?: September 21, 2020; A: This sounds like a remarkable moment for that group of African American students to transform education at that school for them and for the next generations of students of color. When you say "class action" you imply getting a lawyer who has experience in race discrimination in education. And there may also be other options in terms of reforming that discriminatory history you state. Either way, check out www.studentmisconduct.com, particularly the FAQ's as they address race in education. Give us a call. Good luck.

Q. I had a conversation with my boss that he recorded without my knowledge. Can he legally do that?: July 17, 2020; A: What an interesting, and dangerous, situation. I am a Pennsylvania lawyer so nothing that I say here, beyond get an employment lawyer now, is legal advice. That said, Pennsylvania is the kind of state where both people need to agree to recordings. Here's the statute and you can read all about it:

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=57

More to the danger point--it's ominous to have your boss record you. While he or she may not know doing that could be a crime, but surely he or she knew there was something special about that conversation. I can't imagine this boss records everyone or lets everyone know about the recording. I wouldn't worry so much about the secrecy or lack of consent to the recording, rather I would really focus on the underlying tension which is clearly something for which you require legal advice from a qualified employment lawyer.

Good luck. ... Read More

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Jauregui Law Firm

720 Arch Street

PO Box 861

Philadelphia, PA 19107

Toll-Free: (215) 559-9285