Sexual Harassment Lawsuit in Iowa Filed by Former Firefighter

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A Dubuque firefighter is suing the city because she says she has endured sexual harassment on the job since she started in 2011. Jami Boss cites a number of incidents in her lawsuit including being told by a lieutenant that she was only hired because she was a girl. Boss said male firefighters used the women’s restroom and sometimes walked in on Boss while she was in there. And in one incident, a coworker shoved his hand down the back of Boss’ pants, according to the lawsuit.

 

Boss also said in her lawsuit that officials retaliated against her after she filed complaints about the way she was treated. And she says she was passed over for promotion in favor of male colleagues who had less experience than Boss. City officials denied most of the allegations in a formal response to the lawsuit. While this incident does not seem to hold much promise in the law surrounding sexual harassment, inspiration can be taken from changes in university policies. 

 

Inspiration from Changes in University policies 

 

The University of Iowa reported its new interim policy on sexual harassment and sexual misconduct at the state Board of Regents meeting on Thursday. The new policy is in response to Title IX regulations relating to sexual assault, introduced on May 6 by U.S. Secretary of Education Betsy DeVos. 

 

One of the new regulations by the U.S. Department of Education under DeVos was changing the evidentiary standards of sexual misconduct cases. It allowed universities to choose between a “preponderance of evidence” standard or a new, stricter “clear and convincing” standard. The University of Iowa (UI) retained the preponderance of evidence standard in its new policy.

 

University of Northern Iowa Title IX Officer Leah Gutknecht said the new Title IX regulations emphasize the need for a well-trained team including investigators, decision-makers, appeal officers, and the Title IX coordinators. The UI, Iowa State University, and the University of Northern Iowa coordinated over the summer to develop the new regulations. Gutknecht said all of the institutions have been trained on the new requirements, created feedback opportunities for students and faculty on the new policies, and revised policy and procedures.

 

The UI said its new policy on sexual harassment and sexual misconduct, “created a single interim sexual harassment and sexual misconduct policy and procedures to ensure compliance with the new Title IX regulations while upholding the university values of excellence, learning, community, diversity, integrity, respect, and responsibility.” The regulations still include rules regarding sexual assault, stalking, and domestic and dating violence. The new rules define sexual misconduct as “any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation.” The university will seek feedback on the new rules during an interim period of no longer than one year.

Can I Pursue a Car Accident Injury Claim Even if I Was Texting and Driving in Michigan?

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According to official statistics, almost 7,500 crashes were caused by distracted drivers in Michigan during 2017 alone. While there are many different types of distracted driving, cellphone usage and texting are some of the most common examples. If you have been involved in a crash in Grand Rapids and you were texting at the time, you may be wondering whether you can still pursue a personal injury claim. 

 

Even if you feel as though you are to blame for the crash, it’s always worth getting help from a qualified personal injury attorney. You may have serious injuries, and you may be dealing with various medical expenses, lost wages, and other out-of-pocket expenses. The good news is that an experienced personal injury attorney can use a range of strategies to help you gain compensation. 

 

Comparative Negligence

 

In situations such as these, Michigan adheres to a system known as “comparative negligence.” Under this system, you may still pursue a personal injury claim if you are partly at fault for the car accident. Unlike many other states, Michigan limits the amount of compensation that an at-fault driver can receive. If the court determines that you are at least 50% responsible for the accident, you will not receive any compensation whatsoever. 

 

That 50% threshold represents a significant challenge for personal injury attorneys. However, it’s important to note that you can still receive compensation if your attorney can prove that you were only 45% or even 49% responsible for the crash. If your attorney can do this, then you would still receive about 60% of the compensation that you’d otherwise be entitled to. 

 

The Burden of Proof

 

If you have been accused of texting while driving in the moments leading up to the crash, the burden of proof falls upon the prosecution – and it’s a significant burden. First of all, they need to prove that you were indeed texting while driving. Unless there are witnesses who somehow saw you texting through the car window in the seconds before the crash, this is challenging to prove. The authorities may look at your phone and look at when various text messages were sent and received. 

 

The next challenge is to prove that your texting actually contributed to the crash. If there were no other factors involved in the collision, the judge may assume that your texting was largely responsible for the accident. But what if there were other factors involved? Perhaps another driver ran a red light or sped through an intersection. These factors may outweigh the fact that you were texting and driving. 

 

Getting Legal Help

 

If you are accused of causing a crash after texting and driving, you can still receive compensation for your injuries. Reach out to the Neumann Law Group today. 

 

Neumann Law Group

Grand Rapids

250 Monroe Ave NW, #400

Grand Rapids, MI 49503

Phone: (616) 717-5666

Fax: (231) 221-0051

What’s the Best Way to Fight an Aggravated DWI Charge in New York?

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According to official reports, drunk driving fatalities and injuries have been steadily declining over the past decade or so. That being said, people continue to get behind the wheel while intoxicated on a fairly regular basis in the Empire State. This is a major concern across the United States, and offenders should be prosecuted for their actions. 

 

That being said, it’s always important to enlist the help of a qualified criminal defense attorney, even if you are facing a serious DWI charge, such as an aggravated DWI. Everyone is entitled to proper legal representation, no matter what crime they are accused of. An experienced attorney can utilize a range of different strategies to fight an aggravated DWI charge in court, and these efforts will likely result in a more positive legal outcome. 

 

What is an Aggravated DWI? 

 

In New York, the legal definition of an aggravated DWI is relatively straightforward. Those who have a Blood Alcohol Content of over .18 are guilty of this crime. This is more than double the legal limit, as a “normal” DWI occurs when you have a BAC of just .018. If you are caught behind the wheel with a BAC of over .18, it is assumed that you are a serious danger to yourself and other people on the road. 

 

What is the Penalty for an Aggravated DWI?

 

If you are found guilty of an aggravated DWI, you face serious legal consequences. There is a mandatory fine of at least $1,000, and this fine can be increased to a maximum amount of $2,500. In addition, you face a maximum jail term of one year and a revoked license for at least one year. But that’s just if it’s your first offense. Much more serious penalties are associated with subsequent offenses:

  • Second Aggravated DUI: A second aggravated DUI within 10 years is a class E felony. You will face a fine of $1,000-$5,000, a jail term of up to four years, and a revoked license for 18 months.
  • Third Aggravated DUI: A third aggravated DUI within 10 years is a class D felony. You will face a fine of $2,000-$10,000, a jail term of up to 7 years, and a revoked license for 18 months. 

 

How to Fight an Aggravated DWI Charge in New York

 

Fighting an aggravated DWI Charge in New York courts can be difficult, as new rules have made plea bargains and other tactics impossible. An experienced attorney may be able to call into question the validity of the evidence presented by the prosecution. For example, your attorney may attempt to prove that the blood test results are unreliable and inadmissible. 

 

Getting Legal Help

 

If you’re facing an aggravated DWI charge in New York, reach out to Darren DeUrso, Attorney at Law today. 

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: (914) 772-8614

 

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Social security disability attorneys are instrumental in application and disputes of SSDI benefits.

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Social Security Disability (SSD) Benefit applications can be overwhelming, and SSD attorneys are skilled at handling common and unique issues that arise throughout the process.  Social Security disability insurance (SSDI) applications and disputed cases are won and lost on medical evidence.  Legal counsel can provide a compelling story, based on relevant medical records, facilitating an expedient resolve and faster access to the proper disability benefit amounts to which a disabled person is entitled.

 

Benefits.

 

Social Security disability benefits come from two different programs administered by the Social Security Administration (SSA).

 

  1. Social Security disability insurance (SSDI), only provides benefits to disabled workers who already paid taxes into the trust fund.
  2. Supplemental Security Income (SSI), provides financial assistance and health coverage benefits to disabled Americans who have not worked enough to qualify for SSDI.

 

Purpose.

 

SSDI provides monthly benefits to eligible disabled Americans whose conditions prevent them from working for at least 12 months. This program is designed for people who paid Social Security taxes throughout their working years and meet SSA’s work history and medical definition of a disability. SSDI attorneys can assess an individual’s situation to make sure they meet qualifications for benefit application. Benefits are paid monthly when individuals are unable to work for a year, or more due to disabilities. Benefits can be short term, or continue until the age of retirement, when they are converted to retirement benefits paid at the same amount. An SSDI attorney can outline the necessary requirements for the receipt of benefits.

 

Conditions.

Qualification for SSDI benefits is dependent on work credits from a person’s total annual wage, or self-employment income.  Forty credits are customarily necessary to qualify, with 20 of those credits earned in the last ten years of working before becoming disabled.  Younger workers sometimes qualify with fewer credits.  An SSDI attorney can assist with explanations related to work credits. There are special situations where individuals may apply for SSDI benefits, including disabled children, widows’, or widowers’ benefits, blind individuals, and wounded warriors and veterans.

Application.

 

Attorneys who have experience with social security disability applications assist individuals who need to properly document medical conditions, and produce relevant supporting evidence that provides proof that a disability should be covered. They collect, compile, and review medical documents and timelines that provide evidence of the disability through:

 

  • Medical records outlining symptoms and treatments relevant to disability status.
  • Physician testimony important due to doctor’s medical education, medical diagnoses, and first-hand knowledge of an individual’s symptoms leading to their disability.
  • Treatment failure revealing that the applicant attempted all normal treatment methods.
  • Employer and co-worker testimony providing first-hand accounts of how the disability affects safety, efficiency, and capabilities that would hinder applicant’s job abilities.
  • Lawyer testimony after approval on the initial application.

 

Seek legal counsel.

 

Guidance can be provided by experienced SSDI attorneys as they help individuals prepare disability applications.  Lawyers will explain differences in program benefits, necessary qualifications, and eligibility considerations.