Types of Sexual Harassment in the Workplace
Two Types of Sexual Harassment in the Workplace When considering the possibility of pursuing a sexual harassment claim against an employer, it is important to determine what type of claim you may have. Sexual harassment claims can take the form of quid pro quo or hostile work environment harassment. Below we describe and provide examples of these two types of sexual harassment claims. 1. Quid Pro Quo Sexual Harassment This occurs when a manager or another person who has authority over the terms and conditions of another employee’s work offers some sort of benefit in exchange for the employee’s submission to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Quid pro quo sexual harassment also occurs when a manager or another person who has authority over the terms and conditions of another employee’s work denies that employee some sort of benefit because the employee refused to respond to, or rejected, the sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Example: An employee received a raise after submitting to their supervisor’s request to dress in tight skirts while at work. Example: An employee’s shifts were reduced after refusing to submit to their manager’s request for a sexual favor. 2. Hostile Work Environment Sexual Harassment This occurs when a manager or another person who has authority over the terms and conditions of another employee’s work makes sexual advances, requests for sexual favors, or requests for other verbal or physical conduct of a sexual nature for the purpose of unreasonably interfering with the employee’s work performance by creating an intimidating, hostile, or sexually offensive work environment. Example: A supervisor continuously calls an employee a sexually-charged nickname in front of her coworkers, sends her daily emails complimenting her on her appearance, and strokes her arm whenever he is in close proximity to the employee, creating an intimidating, hostile, and sexually offensive work environment. If you have been subjected to sexual harassment or have questions about your right to be free from sexual harassment at work, please contact an employment lawyer at Sankey Law Offices today. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreEffective Parents Cooperate and Share Information with their Child’s Teachers and Special Education Team
Share information with your child’s teachers and team Parents are often frustrated by a school’s failure to conduct thorough evaluations using qualified professionals. Discouraged by the school’s failure to evaluate, many parents hire their own experts at significant personal expense to complete the testing and to provide recommendations for further accommodations and services. Most privately retained experts will write comprehensive reports detailing their findings and recommendations. Medical providers who treat children with special needs also create detailed records describing the child’s disability and needs. Particularly in cases involving emotional disabilities, these records may contain very sensitive and confidential information about the child and the child’s family. I am often asked by parents whether they must disclose the reports of privately retained experts or sensitive medical records to the school. With few exceptions, my answer is, yes. Generally, all records must be disclosed if the parent expects the school to provide services in compliance with the expert’s recommendations. Further, if the parent intends to use the information contained in the reports as evidence at a due process hearing, the documents must always be disclosed. It is important to bear in mind that the District has the responsibility to provide the child with a free appropriate public education. The District cannot be expected to satisfy this obligation if it is not provided with all information necessary to make important decisions about the child. Furthermore, if the parent intends to go to a hearing, the District will have the opportunity to participate in “discovery,” which is a process that allows the District to subpoena virtually all information relating to the child. If a parent requests a hearing before providing all information to the District, it is likely that the entire process will be stopped to allow the team to reconvene to consider the new information. Many hearings are lost by parents when the District proves that the parent’s lack of cooperation interfered with its ability to assess the child’s needs. Your ability to demonstrate that you have fully cooperated with the District and that you have disclosed all relevant information for the team’s consideration is a critical component in a successful due process hearing. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreEffective Parents Maintain Accurate, Complete and Organized Records
It is Important to Maintain Accurate, Complete and Organized Records Typically, a child attends school for several years before his or her parents decide to challenge the special education services or placement which have been proposed by the school district. During this time, there are countless meetings, letters and emails with teachers, as well as numerous evaluations, multiple IEPs and years of progress reports, report cards and test results. Each of these documents provides valuable information about the child’s disability and the school’s response to the child’s needs. As part of my assessment, I review each document carefully so that I have a full understanding of a child’s needs. Effective parents recognize the importance of maintaining their child’s records in an organized manner. It is a nightmare when a parent comes into my office carrying boxes of unorganized papers, sometimes unsure whether the last evaluation is included or whether the last proposed IEP was accepted. While it certainly takes some effort, collecting and organizing your child’s records will save you money and improve your child’s case. When I have to spend hours organizing papers or, even worse, communicating with the school or providers to find missing documents, we charge for our time. This is not the best way to spend your money. More importantly, special education cases are usually won based upon evidence contained within the child’s records. While the school will have a copy of most records pertaining to your child, you simply cannot rely on the school to find and produce all the documents you may need. Letters and emails in particular tend to disappear if you have not maintained a copy. In my experience, effective parents develop a system of binders or folders divided into categories to keep all records relating to their child. These categories should include, at a minimum, the following items: (1) all correspondence (including emails) with the school relating to your child’s performance; (2) all evaluations, whether done privately or by the school; (3) signed copies of all IEPs and the documents relating to the development of the IEP, including minutes, notes and attendance rosters, as well as signed rejection pages and letters; (4) all progress reports, test scores and report cards; (5) the parent’s notes concerning team meetings and other interactions with the school; and (6) samples of the child’s work. Maintaining and organizing your child’s records will save you money and, most importantly, will strengthen your child’s case. It’s well worth the time to do it now, rather than attempt to recreate the record years later. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreEffective Parents Have an Understanding of Special Education Rules and Regulations
Understanding Special Education Rules and Regulations Special education laws and regulations are numerous and complex. Even those of us in the business of representing children with disabilities must study and attend seminars to keep abreast of the changing laws and decisions. So, what is a parent to do? Effective parents make an effort to have at least a fundamental understanding of basic special education rights. Some parents may obtain this knowledge by simply reading notices of rights provided to them by the school through the special education process, while others who are more ambitious become involved in groups or take advantage of the numerous websites designed to educate parents. Effective parents recognize the importance of seeking advice before making major decisions about their child’s education. When they are unsure of the consequences of rejecting an IEP or when they are questioning whether to allow the school to evaluate their child, they seek guidance from knowledgeable professionals. Parents who successfully navigate the special education process know that there are many requirements which, if not satisfied, will undermine their efforts to advocate for their children. As just one example, parents who place their child in a private school without providing the requisite notice to the school district will not be entitled to reimbursement. Effective parents are aware of what I believe to be the most important rule in special education: Do not sign any document unless you completely understand what it means for your child. Never, ever give in to the often not-so-subtle prodding of school administrators that a form which you do not understand “needs to be signed today.” Believe me, in my years of practicing special education law, I am not aware of any form that requires an immediate signature. Effective parents take the time to review all forms in the comfort of their home and to carefully reflect on their decision, and they seek advice if they do not understand the consequences of what they are being asked to sign. I cannot count the number of parents who have come into my office to complain about their child’s services, only to hand me an IEP which they have signed and accepted just days before. I have met with parents who have even signed forms agreeing to send their child to a 45-day diagnostic placement, not having any idea that it meant that their child would be transported to another school miles away and placed with other children who the parents believed were totally inappropriate. This is not intended to be critical. Parents naturally want to be trusting and cooperative, and are often embarrassed that they don’t understand the process. Effective parents realize that the special education process is very complicated with many federal and state laws, rules and regulations, and that they best serve their children by becoming as familiar as possible with their rights and by seeking guidance when necessary. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreSexual Harassment in the Workplace
In Massachusetts, sexual harassment is recognized as a form of discrimination based on sex and is strictly prohibited in the workplace. Sexual harassment can take many forms and occur at varying levels of intensity. Instances of sexual harassment may range from an isolated incidents involving a single comment or joke, all the way to the pervasive occurrence of inappropriate physical contact, comments, and gestures. Contrary to popular belief, an employee need not be subject to an adverse employment action, such as a demotion or termination, to have a legally cognizable claim for sexual harassment. It is enough if the sexually harassing conduct interferes with the victim’s ability to do her job. Claims of sexual harassment may also arise when a supervisor’s or co-worker’s actions create a hostile work environment. It is important to note that sexual harassment claims are usually fact specific and often depend on the work environment and type of conduct involved. A remark or gesture that might be appropriate in one situation may be unlawful in another. For example, a gymnastics coach who guides a gymnast by the hips to assist her in jumping up to the uneven bars would likely not be engaging in sexual harassment, while a supervisor in an office building who grabbed an employee’s hips while she was using the copy machine would certainly be engaging in unlawful conduct. Similarly, a fashion designer who compliments a model on her outfit would probably not be engaging in sexual harassment, but a doctor who frequently comments on the physical appearance of his receptionist might be engaging in conduct that constitutes sexual harassment. As these examples illustrate, the context of the situation and the type of conduct involved often determines whether sexual harassment has occurred in the workplace. Our attorneys have extensive experience advocating on behalf of individuals who have faced sexual harassment in the workplace. If you are concerned that you are experiencing sexual harassment at work, or would like more information about the laws governing sexual harassment, please contact an experienced sexual harassment attorney at Sankey Law Offices today. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreEffective Parents are Aware of Their Child’s Disability and Their Strengths and Weaknesses
Parents are usually the first to realize that their child is struggling in school or that something is “just not right.” Effective parents trust their instincts and seek evaluations to address their concerns, even when they are assured by teachers that “everything is OK.” I cannot begin to count the number of cases that I have had in which the school ignored the parents’ concerns about their child’s inability to read, for instance, until, several years later, when the child is finally diagnosed with a learning disability. Parents who advocate successfully for their children realize that they play a central role in obtaining an accurate diagnosis of their child’s disability. They request evaluations through the school or obtain independent educational evaluations and, when needed, obtain private evaluations from highly qualified professionals. Effective parents realize that their work is not finished by simply obtaining a correct diagnoses. They know that diagnosing a disability is just the first step in the process, and that they must continue to advocate by convincing the team to recognize the diagnosis and to provide the special education services that have been recommended by the evaluators. Unfortunately, it is not uncommon for a team to decline to accept a diagnosis provided by a private evaluator, which oftentimes leads the parents to my office for legal representation. Even when a diagnosis is accepted and services are scheduled under an IEP, effective parents know that they must be diligent in ensuring that their child’s teacher is aware of the diagnosis and the child’s entitlement to services. It happens far too frequently that a teacher expresses ignorance of a child’s IEP several months into the school year. Effective parents use the first parent-teacher conference or a quick note or e-mail to ensure that the teachers are aware of the child’s needs. It is important to be aware of your child’s disability as early as possible and to help inform all member’s of your child’s educational team as well. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreSpecial Education Law Tip #13: Dial Back Privately Provided Services
Most parents’ natural inclination is to help their children succeed. Because of this desire, many parents of children with special education needs choose to provide their child with privately funded special education services to fill in the gaps when the school’s instruction is deficient. While this may be beneficial in the short term by helping bring a child up to speed, it can be detrimental to any attempt to increase the child’s school-based special education services or gain an out-of-district placement. In order to intensify or change a child’s services or placement, parents typically must be able to show that the district’s program failed to help their child make meaningful or effective progress. This showing is often made through the use of standardized testing and score comparisons from standardized measures over time. When a child’s scores continually improve in response to the initiation of privately funded services, the district is able to take credit for the upward trend, arguing that it is impossible to discern what instruction is responsible for change. Although it is extremely difficult to see your child struggling in school, parents should consider whether or not privately funding additional services is helping them reach their goal of receiving additional services through the school system or an out-of-district placement. Choosing to pull a child from privately funded services that seem to be working can be an extremely difficult decision. However, for many parents we work with, this sacrifice in the short term will allow parents to achieve what they are seeking in the long term for their child: a free appropriate public education. If you as a parent believe your child requires additional services or placement in a more specialized environment to make progress, then you may need to dial back the level of support you are providing privately in order to assess what your child is capable of achieving through the educational programming provided by the school district alone. This is often the hardest conversation we have parents, but depending on the circumstances of your child’s individual case, this short term sacrifice may be necessary to help you get the additional support you are seeking from the school district. If you are concerned that your child’s special education needs are not being met, please contact an attorney in our office today – we would be happy to speak with you about your child’s case. For more information, please contact us at 781-930-3127.
Read MoreRecognizing Dyslexia Awareness Month
October is Dyslexia Awareness Month. Special Education Attorney Jeff Sankey is pleased to announce that he has become a member of the International Dyslexia Association. The International Dyslexia Association is an international organization that concerns itself with the complex issues of dyslexia. The Association’s membership consists of a variety of professionals in partnership with people with dyslexia and their families. For a great source of information about dyslexia, turn to the Association’s website at http://www.interdys.org/. Despite federal and state laws mandating that public schools provide a free and appropriate education to all students, this often does not happen for many children with dyslexia. We share the Association’s guiding principles that all children with learning disabilities have the right to achieve their potential and that a child’s learning abilities can be improved with effective remediation. With so many of the youngsters that we represent struggling to learn to read, we are acutely aware of the process that families often need to negotiate in order to obtain necessary services for their dyslexic children. We are proud that our efforts on behalf of these children have resulted in orders from the Massachusetts Bureau of Special Education Appeals providing them with access to specialized placements designed to remediate their learning disabilities. In fact, we recently prevailed in a case against a Massachusetts school district on behalf of a child with Dyslexia, obtaining funding for an appropriate out-of-district placement. The full decision can be accessed here: Student v. Greenwood Public Schools For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreSpecial Education Tip # 12: Do Not Sign an IEP Without Reviewing it Carefully
Do not sign an IEP without reviewing it carefully. An IEP is an important document which specifies a school district’s obligations to provide special education services. Every year, parents attend team meetings to discuss their child’s program, after which they are presented with an IEP which reflects the team’s decision concerning the child’s service and placement. Despite the importance of the IEP, many parents sign it without fully understanding what the document means. Signing an IEP without a clear comprehension of each provision is one of the biggest mistakes a parent can make because it locks that child into a full year of services that may not adequately meet that child’s needs. In order to avoid this common mistake, a good rule of thumb is to never sign an IEP at a team meeting. The law provides parents with 30 days to review an IEP, so there is no reason to feel pressured into signing on the day it is proposed. Even if parents believe that all of their requests were included in their child’s new IEP, it is important to take at least 24 hours to review the document before signing. An IEP is simply too detailed to fully digest during a team meeting. Special education is a very complicated area of law, governed by multiple federal and state laws, rules, and regulations. For assistance in understanding and interpreting your child’s IEP, please contact an experienced special education attorney at Sankey Law Offices. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
Read MoreEffective Parents are Involved in Their Child’s Education
Through our work with parents of children involved in the special education system, we have seen what traits Here is the first in a series of tips on navigating the special education system. Trait # 1: Effective parents are involved in their child’s education. Hopefully, for every child, there is no one who is more knowledgeable about his or her strengths and weaknesses and more committed to his or her success than a parent. The federal statute that governs special education – the Individuals with Disabilities Education Act (IDEA) – recognizes the importance of parental participation in the educational process by designating the parents as members of their child’s team that makes all special education decisions. Effective parents see themselves as equal partners with their child’s teachers and school administrators, and they work to strike a fitting balance between unproductive “hovering” and appropriate participation in their child’s education. Effective parents trust their child’s teachers but they don’t trust blindly. They realize that they have a responsibility to speak for their children to ensure that all staff members have an understanding of their disabilities and the best ways to address their needs. They recognize that it is important for them to be active participants in team meetings, contributing information and questioning decisions that they don’t understand. Effective parents ask questions when their child’s progress seems minimal or non-existent. They expect but don’t assume that service providers are qualified or that services are being delivered in compliance with the IEP, and they ask questions when they have reason to do so. Effective parents find many ways to be involved in their child’s educational program. Certainly, attendance at parent-teacher conferences and participation in team meetings are musts. Many parents also volunteer in school and join special education councils and groups. They also know that simply talking to their child about his or her school day provides a wealth of information that is likely not available from any other source. As in all worthy endeavors, information is the key to success, and effective parents both provide and obtain information about their child’s educational progress through watchful participation. Written by: Jeffrey Sankey For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.No Fields Found.
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