Wednesday, April 24, 2019
- US Supreme Court: Cert granted in three cases that will decide (in two, Bostock and Altitude Express) whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and (in Harris Funeral Homes) whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins
- Second Circuit: Differing from the Fifth Circuit, the court held “that a plaintiff alleging an employment discrimination claim under Section 504 of the Rehabilitation Act must show that the plaintiff’s disability was a but-for cause of the employer’s action, not the sole cause”
- Maine Legislature: Public hearing scheduled for April 24th before the Labor and Housing Committee on LD 1529, An Act Concerning Nondisclosure Agreements in Employment, which would prohibit employers from requiring agreements, including settlement agreements, that prevent an employee, prospective employee, or former employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee
- US District Court ME: Magistrate Judge rejected argument that Prison Litigation Reform Act administrative exhaustion requirement barred excessive force claim where there was a dispute as to whether plaintiff, a prison inmate, met the internal grievance filing deadline by placing his grievance form in the prison mail, which should be used instead of the “Date Received” stamp to determine timeliness
- US District Court ME: $1,261.89 in costs awarded by Clerk to defendants following summary judgment decision in their favor on employment discrimination claim
- EEOC: Fiscal Year 2019, Volume 1, EEOC Digest of Equal Employment Opportunity Law published, which includes summaries of recent Commission decisions and federal court cases, as they affect Federal government employees
