Nacht & Roumel, P.C. has filed a lawsuit on behalf of a 9-year-old girl, and sexual assault victim, against Keystone Academy, a charter school. This case alleges that the school not only failed to properly investigate a student's sexual assault claims and failed to protect her, but even retaliated against both the child sexual assault survivor and her mother. The lawsuit was filed under Title IX by NachtLaw attorneys Nick Roumel and Amanda Ghannam.
Fear of covert retaliation silences harassment claims in medicine
In 2018, the fight against sexual harassment expanded beyond Hollywood with the founding of Times’s Up. This year, Time’s Up Healthcare branched out to focus on more gender balance in healthcare leadership (women in medicine only hold 10 percent of chief executive jobs).
The new organization will also address workplace harassment and abuse. For example, 58 percent of female surgeons reported experiencing sexual harassment within the previous year. But women in medicine often do not report incidents for fear it could negatively impact their careers.
Why doctors should seek employment contract review
One young primary care physician had received an offer and was in the process of moving. That all changed when she learned a provision in the contract would limit how she could spend her free time.
A wave of mergers has increased the percentage of Catholic-owned or affiliated of hospitals. NPR reported last fall on how these networks require this contract clause “provide services in a manner consistent with the Ethical and Religious Directives for Catholic Health Care Services.” This can prohibit a physician from promoting or condoning contraceptive practices. While only one example of a contract clause that can pose a problem, it illustrates why it is important to seek a legal review of any physician employment contract.
Teenagers Taunt Native American Elder
There is no more conservative value than "respect your elders." See Ten Commandments. We could add "show good manners". It is clear that these values were not present among the boys in this video of teenagers taunting a native American elder. It apparently never occurred to them that "respect other human beings whose traditions are different from your own" is also an inherently American value.
A brief primer on impeachment procedures
The first bill of impeachment of President Trump has been introduced this Congress by Rep. Brad Sherman of California, H Res. 13. The bill was referred to the House Judiciary Committee. The bill is based on a charge of obstruction of justice for firing FBI director Comey, and a few other actions.
When the Police Become Prosecutors
This article, "When the Police Become Prosecutors" in The New York Times, taught me something about the criminal law I had no idea existed. In some states, many thousands of misdemeanor cases are brought by police officers without lawyers as prosecutors. The article, by a Harvard Law scholar, suggests this practice causes harm by not separating the arresting power from the prosecuting power. I'm inclined to agree. A fresh set of eyes by a prosecutor can prevent a person from getting stuck with a conviction for a weak case that shouldn't have been brought.
Corruption in the bargaining process
If you haven't been following this tale of corruption, this article, "FCA spent $15K on steak dinners for UAW", in The Detroit News, lays out the main point. Just like salespeople woo their customers, Chrysler executives wooed UAW leaders with meals and gifts before a contract negotiation. It would be like the Ohio State football coaches buying meals and gifts for the Michigan players before the game. It doesn't smell right.
Can you be fired for marijuana use in Michigan?
Last week, Michigan became the 10th state to legalize recreational marijuana use for adults over the age of 21. Anything in public places remains illegal. Smoking in a driveway or front porch is off limits, but a backyard may be okay unless a neighbor takes offense and files a nuisance complaint.
For the most part, the answer is yes, an employer still has the right to enforce zero tolerance policies and refuse to hire or fire workers who test positive. Nuances could exist however and judges will need to decide cases that fall within gray areas – potentially related to edibles or unsupported accusations of marijuana use/impairment on the job.
We are regionally ranked in the U.S. News - Best Lawyers "Best Law Firms" 2019 edition
NachtLaw, P.C. is pleased to announce that we are regionally ranked in the U.S. News - Best Lawyers "Best Law Firms" 2019 edition. The practice areas and region are as follows:
NachtLaw beats the University of Michigan in federal court
In a decision today, a federal judge ruled Professor Pamela Smock could proceed in her case that she was denied due process because the University punished her without allowing her to cross-examine her accusers. The decision will require the University to change its procedures in investigating and punishing professors. David Nacht states "bureaucrats and administrators have too much power. This lawsuit and this decision help accused professors level the playing field."
