Pennsylvania Discrimination Legal Questions

I agree wholeheartedly with your view on the shot.  I don’t practice in that area, but I know there are firms who do and may be able to help. I trust this answers your questions and feel free to call or email me on a free initial basis so that I might assist you in finding counsel who handle such matters Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com.    ... Read More

As you might suspect, you could potentially have a valid Pregnancy Discrimination Act claim against your former employer. These inquiries tend to be very fact intensive.  A good question to ask in your case is how your employer has treated other employees who have made mistakes billing but are not pregnant.  Have those employees been retained?  Such an employee is a comparator for the purposes of discrimination claims. If non-pregnant employees have been retained in similar circumstances, it strengthens the claim that you were discriminated against based on your pregnancy. ... Read More

First of all, let me say I am sorry that your son was hurt.  It is not clear from your question if his mother voluntarily placed him in foster care as a result of the injury or for some other reason.  As his father, you do have rights in the foster care system.  You should make sure they know you are interested and willing to provide a place for your son.  You shoud have had a lawyer appointed for you if there is any question of abuse or neglect and there is a dependency action filed. Since your son has special needs, it would help your case with the foster care system if you are familiar with services and agencies available and able to provide any special services your son may need at home or at school.  These services are not only good for your son, but they can make it easier for you to care for him.... Read More

The answer to your inquiry depends upon the nature of the reason for your hospital visit, whether your employer was covered by the Family Medical Leave Act, and whether you were an FMLA-qualified employee.  If the reason for your hospitalization was serious enough, your employer was covered by the FMLA, and you were an FMLA-qualified employee, then your termination on the basis that you were hospitalized may constitute a violation of your FMLA rights by the employer.  I would be happy to speak with you about the details of your specific situation.   Please feel free to contact me directly at your convenience.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@eckellsparks.com (610) 565-3700... Read More

Since it does not appear from the facts that you provided that this contract was entered into in an employment context, then you have no cause of action for age discrimination.   However, you may be able to maintain a cause of action against the bank for fraud, breach of contract or misrepresentation based upon the fact that affirmative representations were made to you that no fees would be charged for 4 years.  However, this will depend upon what is contained in the account documents that you signed when you first signed up.  If the documents that you signed to open the student bank account clearly provide for fees after a certain age, then you may very well be bound by the provisions in the contract no matter what was said, told or promised to you by the representative.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com ... Read More

Unfortunately, sexual orientation is not a protected class under either PA or Federal anti-discrimination laws.  So, if you are being passed up on promotions simply because of your sexual orientation, you would not have a claim for discrimination under either state or federal law.  However, if the other employees who have been promoted over you are all of a different gender, race, nationality, age or religion, and you are otherwise qualified for promotion, then you may be able to make out a claim for a different type of discrimination.  Also, while sexual orientation discrimination is not prohibited under state or federal law, it is prohibited under some local municipal ordinances in Pennsylvania, such as Philadelphia, Allentown and Haverford Township.  So, if you work in a township or city that has prohibited discrimination based on sexual orientation, then you may have a remedy before your local Human Relations Commission.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271  mdavey@eckellsparks.com  www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More

If you made your employer aware of your disability and/or requested reasonable accommodations for your disability, then the employer at least has to engage in a good-faith interactive process with you in order to determine whether a reasonable accommodation exists that would enable you to perform the essential functions of your position.  Your employer simply cannot "assume" that you cannot do your job and terminate you.  I would be happy to speak with you in more detail about the specific facts and circumstances of your situation.  Please feel free to call me or email me directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More