Tuesday, January 21, 2014
- First Circuit: Decision affirmed district court judgment that Mass. Department of Corrections violated Eighth Amendment when it failed to provide inmate sex-reassignment surgery that was medically necessary to treat gender identity disorder
- US District Court ME: Decision denied summary judgment for employer on Title VII and MHRA retaliation claims arising out of “discrete acts” of suspension and threat of termination (including claim for punitive damages) but granted it on retaliatory harassment claim, reasoning, in part, that the claim was untimely because the one event that occurred within statute of limitations that was part of the alleged hostile environment was not objectively offensive and the suspension and threat of termination (which also occurred within the limitations period) could not be both “discrete acts” and anchoring acts for purposes of the hostile environment claim
- Maine Superior Court: In awarding over $340,000 to plaintiff who fell when handrail detached from wall, Superior Court Justice held that builder was liable for independent subcontractor’s negligent installation of the handrail and that the cause of action did not accrue until the date of the injury as opposed to the date of installation
- Maine Superior Court: Decision held that complaint against Roman Catholic Bishop of Portland alleging sexual abuse by priest in 1976-1979 should not be dismissed as time-barred because it alleged Bishop, who was responsible for supervising priest, concealed knowledge of priest’s sexual abuse against minors until 2009
- Maine Superior Court: Decision held that banquet servers were entitled to receive as wages the full amount of fixed percentages added to bills under banquet service contracts designated “gratuities” but not when designated “service charges”
- Maine Superior Court: In denying special motion to dismiss under Maine anti-SLAPP statute, decision held that respondent offered prima facie evidence that all of the claims and materials submitted by complainant to the Maine Human Rights Commission were devoid of any reasonable factual support and respondent incurred attorney’s fees in defending them
- MHRC: Maine Human Rights Commission posted cases listed on January 27, 2014, Agenda and Consent Agenda, including notice that parties will be permitted five minutes (instead of ten) for argument per side
- Maine DOL: Maine Department of Labor January 2014 issue of bimonthly “Employer Newsletter” describes upcoming bills of interest to Maine employers and a loan fund available to Maine businesses and residents to pay for accommodations for employees with disabilities such as for adaptive equipment; assistive technology; and modifications such as accessible restrooms, ramps, elevators, lifts, and adapted vans
- SSA: Social Security Administration news release announced 25 conditions added as Compassionate Allowances, including twelve cancers, bringing the total number of conditions to 225 where the applicant’s disease or condition clearly meets Social Security’s statutory standard for disability
- Bangor Daily: Man accused of ‘barking like a dog’ at supervisor may have been victim of discrimination
- Bangor Daily: Federal judge dismisses lawsuit alleging civil rights violations against Wiscasset jail inmate
