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|Surprising Reinstatement Decision of the Human Rights Tribunal Upheld|
Geoffrey Breen; Cassels Brock & Blackwell LLP;
October 20, 2014, previously published on October 10, 2014You may recall that last year, the Ontario Human Rights Tribunal (“the Tribunal”) raised the eyebrows of employers when it ordered that a terminated employee be reinstated to her position with full seniority almost a decade after she had left the workplace. In Fair v. Hamilton-Wentworth...
|The New "Bad Reality" of the Old Asbestos|
Brayton Purcell LLP;
October 20, 2014, previously published on October 14, 2014We all live with asbestos every day. Luckily, for most of us, the deadly fibers of the ubiquitous mineral are usually encapsulated within some material. Unluckily for a growing number of us, that material is aging.
|Asbestos Removal Occurred While Children Were In Schools|
Brayton Purcell LLP;
October 19, 2014, previously published on October 7, 2014In the U.S., in many communities, you can find a great variety of building styles and ages. In California, however, there tend to be fewer older building than in some eastern states.
|Title IX And Sexual Assault On Campus|
Daniel C. Perkins; Fisher & Phillips LLP;
October 14, 2014, previously published on October 1, 2014In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to hold educational institutions accountable when they fall short in addressing...
|Pendency (A.K.A. “Stay Put”): An Important Right of Special Education Students|
Lynn M. Brown; Meyer, Suozzi, English & Klein, P.C.;
October 10, 2014, previously published on October 3, 2014One of a special educaon student’s most important rights is that of pendency (a.k.a. “stay put”), which permits a student to stay in his last agreed- upon placement and/or continue to receive the last agreed-upon services while any challenge to a proposed Individualized Educaon...
|What Employees Who Can Take ‘Confidential’ Reports of Title IX Campus Sexual Violence Need to Know|
Katie Jo Baumgardner, Anne D. Cartwright; Husch Blackwell LLP;
October 7, 2014, previously published on September 26, 2014A limited group of college and university employees may keep reports of sexual violence confidential despite their schools’ Title IX obligations. Colleges and universities must ensure these “confidential employees” are aware of their Title IX obligations and the bounds of...
|Philadelphia School Income Tax Imposed On Undistributed S Corporation Income|
David M. Kuchinos; Blank Rome LLP;
September 29, 2014, previously published on September 2014Action Item: The City of Philadelphia is imposing its School Income Tax on City residents’ Subchapter S Corporation income, whether or not distributed. This is a departure from prior enforcement of this tax. City residents who are shareholders in Subchapter S corporations should consider...
|Province Of Ontario And Teachers’ Unions Appear Set For A Tense Showdown|
Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014The collective agreements for all teachers in the Province of Ontario expired on August 31, 2014. Teachers’ unions have given notice to bargain. The Ontario Secondary School Teachers’ Federation (“OSSTF”) has engaged in preliminary negotiations with the Ontario Public School...
|Ontario Divisional Court Rules on Whether Liturgies and Religious Retreats Fall Within the Scope of the Exemption Under The Education Act|
Heather Pessione, Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014On April 4, 2014, the Ontario Divisional Court ruled in Erazo et al. v. Dufferin-Peel Catholic District School Board that, pursuant to the Education Act, certain students of Catholic public schools are entitled to an exemption, upon request, from some religious activities, such as mass and...
|Acceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology|
Kelly J. Morris; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...