Sunday, July 22, 2018
- Sixth Circuit: “An employer cannot deny a modified work schedule as unreasonable unless the employer can show why the employee is needed on a full-time schedule; merely stating that anything less than full-time employment is per se unreasonable will not relieve an employer of its ADA responsibilities.”
- Maine Supreme Judicial Court: Effective July 18, 2018, Maine Bar Rules amended to require 12 (up from 11) CLE hours per year, with one live hour (in addition to an hour on professionalism) primarily concerned with the recognition and avoidance of harassment and discriminatory conduct or communication, which topics include conduct or communication related to the practice of law involving harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, or gender identity
- US District Court ME: Plaintiff administratively exhausted age discrimination claim at the Maine Human Rights Commission despite only checking “Whistleblowers Protection Act” box on MHRC complaint, where statement of particulars in complaint included that she told her human resources department that “a staff person said the current house manager was wanting ‘to get rid of the older people on the weekend staff,’ which included me”
- First Circuit: Title IX complaint against Brown University arising out of sexual assault of Providence College student dismissed because complaint did not allege that plaintiff participated or even would have participated in any of Brown’s educational programs or activities
- US DOL, Wage and Hour Division: Field Assistance Bulletin concludes that a caregiver registry (an entity that matches people who need caregiving services with caregivers such as nurses, home health aides, and personal care attendants) that simply facilitates matches between clients and caregivers—even if the registry also provides certain other services, such as payroll services—is not an employer under the Fair Labor Standards Act, but a registry that controls the terms and conditions of the caregiver’s employment may be an employer of the caregiver and therefore subject to the requirements of the FLSA
