California Business Litigation Blog

A spokesperson for the Milton Hershey School in Hershey, Pennsylvania announced that the school is the subject of a lawsuit by the family of a 13-year-old honor student who was denied admittance because he is HIV-positive. A spokesperson for the school characterized the action by the child's parents "adversarial."

According to the spokesperson, Connie McNamara, the school refused to admit the boy over concerns about the safety of other students. "In order to protect our children in this unique environment, we cannot accommodate the needs of students with chronic communicable diseases that pose a direct threat to the health and safety of others," said McNamara. "The reason is simple. We are serving children, and no child can be assumed to always make responsible decisions that protect the well being of others."

Federal law, as well as Pennsylvania state law, prohibits schools from refusing to enroll students because they are HIV positive. Officials at the school, which was founded by the late chocolate magnate, assert that, because their school is a boarding school, they are not bound by these rules. "...Children live in homes with 10 to 12 other students...24 hours a day, 7 days a week," said McNamara.

According to the Centers for Disease Control and Prevention (CDC), the school's concerns are unfounded. HIV cannot be spread through casual contact, and other household members cannot contract HIV from toilet seats, silverware, dishes or by touching surfaces an infected person has touched.

Attorneys at the AIDS Law Project of Pennsylvania, a non-profit organization, drew parallels between the current case and the Ryan White case. White, a middle-school student in Kokomo, Indiana, was initially denied the right to attend school because of his diagnosis. In that case, the school also cited the safety of other students as the reason for their actions. White went on to become a celebrated AIDS activist before his death in 1990.

"Like Ryan White, this young man is a motivated, intelligent kid who poses no health risk to other students, but is being denied an educational opportunity because of ignorance and fear about HIV and AIDS," said Ronda B. Goldfein of the AIDS Law Project.

A special education teacher has been placed on paid administrative leave after a parent discovered he had posted derogatory pictures and comments about his students on Facebook. Jeremy Hollinger, who is employed by the Mobile (Alabama) County Public School system to teach special education at Eichold-Mertz Elementary School, posted the comments and pictures on his public Facebook page.

Celeste Dennis, who saw Hollinger's site, was upset enough to insist her son, a second-grader at Eichold-Mertz, be transferred out of the school. Although she says there were plenty of derogatory comments on the page, including posts about students soiling themselves and eating crayons, she says that one insult hit especially close to home. "It hurt. It genuinely hurt me, said Dennis."My son wears a helmet for seizures during P.E. He had a picture of himself with my son's helmet on making fun of him like that was some type of a joke."

Dennis responded to the cruel postings by reporting Hollinger to the school system and insisting that her son be transferred. The school was slow to take action against Hollinger, however, and he remained in his position at the school until after the incident caught the attention of the press. Initially, the school system refused to explain why Hollinger was still at his post. Nancy Pierce, the school's representative, initially declined to discuss the matter, saying, “Because it's a personnel matter, I can't discuss that with you. The appropriate measures were taken by our Human Resources Department."

However, on Tuesday, October 18, it was revealed that Hollinger had been suspended with pay as a result of the incident. In the meantime, Dennis hopes the suspension becomes permanent. "It takes a special type of person to deal with special children, and he is not that person," said Dennis. "I just want him out of there."

A former Illinois college staff member is suing her ex-employer. Discrimination and retaliation are the dual legal bases of a lawsuit filed by former Richland Community College registrar JoAnn Wirey.

The current legal controversy began over four years ago when Wirey was diagnosed with mononucleosis. The debilitating blood disorder is characterized by lethargy and chronic fatigue.

Despite medical documentation of health contraindications, Wirey was charged with “insubordination” for failing to work on Saturdays. Consequently, she invoked the protective legal provisions of the Americans with Disabilities Act (“ADA“). This federal law requires employers to make “reasonable accommodations” for disabled workers.

Shortly after filing suit, Wirey was disciplined for posing in a picture alongside an adult male student whose abdomen was partially exposed. Next, she was sanctioned for stating that foreign students needed American sponsorship to avert another 9/11 catastrophe.

Wirey initiated formal grievances immediately after both incidents. Soon afterward, she was suspended for allegedly advising a student’s mother that the pupil’s grades were “none of [the mother’s] business.”

While suspended, Wirey was accused of grade altering. One month later, she was finally dismissed after refusing to waive her right to appeal the disciplinary actions.

Wirey further alleged that the college provided a derogatory job reference to the school district. Legal pleadings posit that this action was retaliatory and resulted in Wirey’s rejection for a teaching position. Court documents disclose that Wirey received consistently positive employee performance evaluations prior to the litigation.

Patience is a virtue in academic, pecuniary, and altruistic contexts alike. College officials may have been well advised to wait and “bide time.” Even if entirely appropriate, disciplinary actions can have devastating impact by creating inaccurate impressions and negative perceptions.

Avoiding every appearance of impropriety is often more prudent than taking immediate remedial measures. Effective administrators must accurately assess and act in accordance with the totality of all relevant circumstances.

Michele Vulcano Hall is currently fighting to keep her case against the Easton Area (PA) School District alive in Federal District Court. The school district’s attorneys have asked the court to dismiss Vulcano Hall’s claims on the grounds that she has failed to prove the violation of any legally-protected right.

In August of 2008, Vulcano Hall was engaged in a practical skills workshop internship when the district offered her a full-time teaching job. She was fired one year later. In her lawsuit, Vulcano Hall alleged she was dismissed in retaliation for her father’s position as a vocal school board member.

In response, the district denied any retaliatory motive. Further, it alleged that Vulcano Hall’s employment was a 10-month temporary position. The district admits, however, that its primary motive for terminating Vulcano Hall’s employment was her failure to attain full certification.

Currently, Vulcano Hall works as a substitute teacher for the district. Although she does not possess full teaching certification, her current credentials are sufficient for substitute teaching. During her prior 10-month teaching tenure in the district, Vulcano Hall taught subjects in multimedia/study skills.

The entire case appears to turn upon two primary points of contention: 1) Whether or not Vulcano Hall’s former teaching position was permanent or temporary employee; and, 2) The true motive for her eventual termination.

Hall’s attorney argued that her client had received written and verbal assurances of 2 to 3-year extension of time to earn full teaching certification. The district had purportedly made an exception to this policy for Vulcano Hall, as she has several long-term learning disabilities.

The Americans with Disabilities Act (“ADA”) requires employers to make “reasonable accommodation” for disabled workers. Felker also invoked a Pennsylvania statute that requires prior unsatisfactory job ratings as a condition precedent for terminating public employment. Allegedly, Vulcano Hall consistently received positive evaluations.
Hall’s attorney asked that the court allow the modification of original pleadings if it finds that they do not sufficiently set forth Vulcano Hall’s legal claims. The Federal Rules of Civil Procedure allows judges to permit the amendment of complaint documents in such instances.

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