Thursday, December 31, 2020
- Maine Supreme Judicial Court: Effective December 14th, all Maine courts began accepting the filing by email of certain documents in all cases, including in civil, criminal, juvenile, family matters, and appellate cases
- First Circuit: In affirming $762,525 jury verdict for plaintiff on False Claims Act (“FCA”) retaliation claim, the court held as a matter of first impression that the “but for” causation standard applies to FCA claims, but the trial judge did not commit plain error by giving a “substantial motivating cause” jury instruction without objection by defendant at trial
- First Circuit: In granting summary judgment for employer, court, on disability employment termination claim, focused on the lack of discriminatory animus, despite an apparent showing of pretext; and on disability harassment claim, found that the two timely employer actions that plaintiff claimed anchored his otherwise untimely hostile work environment claim did not do so because they were not substantially related to the prior incidents and were not based on disability
- US Supreme Court: “Appropriate relief” available under the Religious Freedom Restoration Act of 1993 includes claims for money damages against Government officials in their individual capacities
- MHRC: December 14th meeting minutes include that the Commission has submitted an agency-initiated bill to the Maine Legislature that mirrors LD 1703, An Act To Improve Consistency within the Maine Human Rights Act, from the 129th Legislature and died in spring 2020 during the pandemic shortened session (LD 1703 would have added familial status as a protected class in employment; included adult family members dependent for care in the definition of “familial status”; added age as a protected class in public accommodations; provided that public entities cannot discriminate on the basis of protected class; clarified the scope of the Maine Human Rights Act’s education provisions; clarifed the protections provided to pregnant persons in employment; and clarified that the sexual orientation provisions in the Act extend to gender identity)
- EEOC: New section K to technical assistance document on COVID-19 and federal non-discrimination laws addresses “ADA and Title VII Issues Regarding Mandatory Vaccinations,” including, if an employer requires vaccinations when they are available, how it should respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability or a sincerely-held religious belief
