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Murphy, Hesse, Toomey & Lehane, LLP Presents in Collaboration with Cape Cod Human Resources Association
Murphy, Hesse, Toomey & Lehane, LLP Partners presented their Labor & Employment Law Update in collaboration with the Cape Cod Human Resources Association. Attorney Nan ONeill presented the first segment titled “Creating Your Tool Kit for Meeting Reasonable Accommodation Obligations”, where she examined reasonable accommodation obligations applicable in the current health crises, including the global pandemic and opioid misuse, and outlined steps to create your own toolkit. Attorney Kier Wachterhauser presented a 2020-2021 Case Law Update, followed by Attorney Sarah Spatafore’s Statutory and Regulatory Update. The final segment was presented by Mr. Wachterhauser and Ms. Spatafore, titled “COVID-19 Now and Later – Navigating the COVID-Related Issues of Today and Preparing for the changed Workplace of Tomorrow”. During this time, they discussed likely wage and hour issues arising out of work-from-home and hybrid environments, new COBRA subsidy under ARPA, ongoing vaccine and ADA accommodation issues, and how to handle resistance to COVID or other health-related safety policies.
Ms. ONeill has 30 years of experience counseling and representing employers in all aspects of traditional labor law and employment, and has extensive experience in labor arbitration and litigation of employment-related disputes. She is a graduate of Boston College and the Georgetown University Law Center. Ms. Spatafore practices primarily in the labor and employment area and has represented clients before a number of courts and administrative tribunals at both the state and federal level. In addition, she often assists in education issues. She graduated from Bates College and received her Juris Doctor, with Honors, from Boston College Law School. Kier Wachterhauser represents private and public sector clients in all areas of labor and employment law and maintains a general litigation practice. He received his Juris Doctor from Boston University School of Law, received a Master of Arts degree from Northwestern University and graduated from Swarthmore College with honors.
Murphy, Hesse, Toomey & Lehane, LLP is one of the 50 largest firms in Massachusetts, their years of experience and resources offer clients throughout New England and nationally a wide range of legal services while maintaining a “hands-on touch” that is important in Client-Attorney relationships. Their broad resources and technology enable them to represent clients in a comprehensive and cost-efficient manner. MHTL has a strong reputation in the legal community and is known throughout New England for its labor and employment practice as well as its extensive business litigation and advising employers on internal reviews and strategic legal approaches when dealing with the government. The firm also has an extensive education law practice representing public, private, and nonprofit educational institutions from pre-K through the college and university level.
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
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