Pennsylvania Civil Rights Legal Questions

Yes - Medical providers are allowed to charge for copies of medical records in most instances. For Pennsyvlania, see the PA Department of Health website which sets forth the maxium copy charges. If you are requesting your records because of an injury suffered in an auto accident or through medical malpractice you should consult with an experienced personal injury attorney in your area.  ... Read More

Generally, the two are mutually exclusive.  You cannot be out on medical leave claiming that you are unable to work and at the same time make a claim for unemployment which requires to to attest that you are able ready and willing to work.  Of course that is just the basics, there are numerous exceptions and factors that come into play (ie the actual medical condition, ability to work, etc.)  The best step is to contact an attorney in your area to discuss the situation in more detail.... Read More

If your boyfriend was denied medication while in jail, and it can be proved that the medical personnel at the jail acted with "deliberate indifference" in failing to provide him with needed medication, a federal civil rights claim for his death may be possible. HOWEVER, in order to bring such a claim (which is typically handled on a "contingent fee" basis, meaning that there is no fee unless the case is won or settled), an Estate would need to be opened. You, as his girlfriend, have no legal right to open an Estate (unless he left a will and you are mentioned in it), and legally you have no right to any money from any claim (unless, again, you are named in a will).... Read More

It is always difficult to see children treated in a manner you feel is unnecessary.  It is also difficult to establish whether or not certain conduct rises to the level of child abuse.  Child abuse is defined by statute, and it is more than rough treatment or raised voices.  If you believe the children are being abused, you should contact your county office of Children, Youth and Families.  They will not disclose your identity, and they will be able to investigate child abuse or neglect.  If they find there is no abuse, they should be able to explain to you why what you see is not child abuse. Children can always use advocates and there are other ways to address your concerns for the children in this situation.  If I recollect correctly, JCC is a community center.  One solution that might help you help the children as an advocate might be to put together a program for the staff and parents on coping with the stress of caring for small children that the JCC could sponsor.  By "putting together", it could be identifying a speaker or a program recognized as having expertise in the area. ... Read More

If, in fact, an employer knew, or had reason to know that an employee was a sexual predator, a lawsuit may well lie against the employer if that employee causes harm to another.  This presents a relatively complicated legal issue, so it would be important to fully discuss the facts with an attorney.... Read More

Your son should not be harassed by a teacher for any reason, but especially if he was found not guilty.  It is hard to sue schools but whether or not you can depends on how the school conducted the investigation.  Report the harassment to the principal of the school and copy the superintendent. An attorney reviewing this case will have many questions about the situation, what happened in the investigation, and if the school is to blame more than the girl.  Only then could you decide if you have a legal action against the school and if you want to pursue it.... Read More

If you are a student with a disability as defined by Section 504 (or the Americans with Disabilities Act or the Pennsylvania Human Relations Act) you may be entitled to "reasonable accommodation" of your disability. First thing to do is make sure your doctor's note contains enough information to qualify you as a student with a disability.  Generally you want the doctor to support that your asthma affects your ability to live in the dorm and affects what is generally called a "major life activity."  Your ability to learn is what makes the most sense in a university environment.  But it may affect you differently and you want to be clear how it affects you personally.  For example, if some dorms have AC and yours doesn't and you are offered another room with AC, that could also be considered reasonable under some circumstances. The second question is what accommodations you need to deal with the effects of your disability.  If there are a range of options that are equally effective, the university may offer something else. But since AC in your room does not on its face seem unreasonable, let's work with that.  College dorms are such a range of age, architecture and electrical systems that I wonder if they have given you specifications of what you might use.  Then I would suggest you contact the office for support of students with disabilities.  These are the people who should be helping you resolve this.  Ask for a copy of the procedures if you want to challenge the process.  If you don't get help from that office, you can contact the Dean in charge of housing.  Sadly, there are students who would want to be stuck in a dorm room without air conditioning.  This is the suspicion you have to recognize -- not agree with it, but it is probably one of the reasons you are getting a hard time.  That is why your documentation needs to be in order.  If you needed accommodations in high school, that also would be information that might be useful to you. It is important that you do not put your health at risk while you work this out with your school.  If it is not resolved quickly, send a letter (or an email) to the student disability office that if you have to purchase your own AC, or incur expenses in order to continue in school, you will be seeking reimbursement from the school.  You can file a complaint with the Office of Civil Rights of the U.S. Department of Education, but that takes time. Good luck. Penelope A. Boyd www.penelopeboydlaw.om 610-692-3400    ... Read More

The Pennsylvania Human Relations Commission ("PHRC") is the state agency authorized by state law to enforce Pennsylvania's anti-discrimination laws.  If your children are being subjected to racial and/or national origin harassment and/or discrimination, you should file a complaint with the local branch of that agency.  In the process, that agency will "dual file" the complaint with the Equal Employment Opportunity Commission ("EEOC"), which is the federal agency authorized and tasked, under federal law, with enforcing federal anti-discrimination laws.... Read More

You are the master of your destiny, and you don't have to be pressured into a settlement agreement by a lawyer looking for the fast buck.  You can switch lawyers at any time.  Best bet is to find a lawyer who handles sexual abuse cases.  Also, find a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.  You can read more about sexual abuse cases and sexual abuse settlements on my website.  Good luck to you. The answer does not create an attorney-client relationship and is for informational purposes only.   Only 29% fee deducted.   Lassen Law Firm 1515 Market St #1510 Philadelphia, PA 19102 215-510-6755 http://www.InjuryLawyerPhiladelphia.com... Read More