Tuesday, June 14, 2022
- Maine Legislature: Public Law 589 enacted, which amends the Maine Whistleblowers’ Protection Act to remove a provision that had been interpreted by courts to prevent the Act from applying to employees subject to collective bargaining agreements
- Maine Legislature: Public Law 643 enacted, which amends the Maine Human Rights Act to define race for purposes of employment and education discrimination to include “traits associated with race, including hair texture, Afro hairstyles and protective hairstyles”
- US Supreme Court: Emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (or, by extension, the two other Spending Clause statutes, Title VI of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972)
- Maine Supreme Judicial Court: Proposed amendments to Maine Rules of Appellate Procedure (comments due July 1st) include allowing an image of a signature or “/s/” whenever a signature is required on a document filed with the Law Court
- US District Court ME: Sole owner of business and corporate officer exercising ultimate control over employer’s employment practices may be individually liable under Fair Labor Standards Act (but refraining from reaching same conclusion with respect to corresponding state law claims)
- First Circuit: Summary judgment for employer on First Amendment § 1983 vacated where plaintiff was speaking as a citizen (instead of pursuant to his official duties), defendant lacked an adequate justification under the Pickering balancing test, and there was a sufficient causal connection between plaintiff’s protected speech and his termination
- HUD: New guidance issued on “Compliance with Title VI of the Civil Rights Act in Marketing and Application Processing at Subsidized Multifamily Properties”
- MHRC: Minutes of May 16th Commission Meeting includes that a new Investigator, Angela Morse, has joined the Commission staff
