Saturday, October 5, 2019
- Sixth Circuit: Title VII statute of limitations may not be contractually shortened
- US District Court ME: In denying motion to dismiss due process claim by town manager, the court held that contractual provision allowing town manager’s termination without cause was unenforceable in light of public policy favoring transparent administration of town affairs reflected in the statutes and the town ordinance requiring cause, notice, and hearing for termination
- US District Court ME: Noting a circuit split (the First Circuit has not yet ruled) on whether the standard for an employment discrimination claim under section 504 of the Rehabilitation Act is the same as or different from that under the Americans with Disabilities Act–i.e., whether the Rehab Act requires proof that discrimination was “solely by reason of” disability instead of (like the ADA) “because of, in whole or in part,” disability–the court declined to rule on the issue because plaintiff prevailed on summary judgment under either standard
- US District Court ME: Summary judgment granted on Fair Labor Standards Act retaliation claim that teacher’s contract was not renewed because she complained about retaliation for taking breaks to express breast milk because FLSA did not apply and no reasonable employer could have perceived her complaint as a genuine assertion of rights under the FLSA; but denied on Family and Medical Leave Act retaliation claim where plaintiff received her first ever negative review three months after returning from FMLA leave and timing, along with other factors, plausibly showed a causal relationship between her FMLA leave and the alleged discrimination
- MHRC: The Commission’s new guidance on Assistance Animals in Housing clarifies, in part, that if a certain breed or animal is not covered by building insurance, “the analysis focuses on whether the request for an assistance animal is a reasonable accommodation, considering factors like availability of an insurance rider or another insurance policy and the total cost compared to the resources available”
- MHRC: The Commission’s new guidance on Service Animals in Places of Public Accommodation emphasizes that only two questions may be asked to determine if a dog is a service animal: “1. Is the animal required because of a disability? 2) What work or task has the animal been trained to perform?
- MHRC: October 21st Commission Meeting Agenda and Consent Agenda posted
- Maine DOL: Dept. of Labor to Hold Listening Sessions on Paid Time Off Rulemaking
- Maine Workers’ Comp Appellate Division: Insurer’s assertion that injury claim is covered exclusively by the federal Jones Act involves the Comp board’s subject matter jurisdiction, and therefore was not waived by insurer’s failure to timely raise or preserve it
