Sunday, November 6, 2022
- Bangor Daily News: All-white jury awards $3M after finding Bangor hospital discriminated against Black manager
- US District Court ME: A punitive damage award of $750,000 is possible under the Maine Human Rights Act and Americans with Disabilities Act caps combined
- US District Court ME: Interference claim under the Maine Medical Leave Law survived summary judgment where employer appeared to condition granting plaintiff’s medical leave on her signing a broad authorization for the release of medical information; retaliation claim also survived where plaintiff adduced sufficient evidence that employer reduced and then eliminated her hours because she requested medical leave; and plaintiff was entitled to attorney’s fees and costs under Maine’s personnel file statute where employer failed to provide a copy the file within 10 days of plaintiff’s request and not until after she filed suit to recover it (the court rejected employer’s argument that the request failed to invoke its obligation to produce the file because the request asked for a copy of the file instead of using the “magic words ‘review and copy'”)
- US District Court ME: Maine State Police trooper’s reports to his supervisors that the Maine Information and Analysis Center was collecting and maintaining data illegally was speech as an MSP employee and not that of a private citizen and therefore not protected by the First Amendment (but claim under Maine Whistleblowers’ Protection Act survived)
- First Circuit: A plaintiff who did not plan to book a room at hotel may nevertheless bring a claim against a hotel under Title III of the Americans with Disabilities Act for failure to comply with the requirement that it make information about its accessibility available on its reservation portal to those with disabilities
- First Circuit: Job transfer was not an “adverse employment action” under Title VII of the Civil Rights Act of 1964 because plaintiff failed to establish “any material harm or tangible consequences” from it, and plaintiff’s statement that it affected his ability to progress as a professional was insufficient to overcome summary judgment on the issue
- US District Court ME: Motion to amend complaint to include Family and Medical Leave Act claim denied where it was filed after deadline to amend in the scheduling order where plaintiff lacked “good cause” because she was aware of the information necessary to file an FMLA claim at the time she initiated this action
- US District Court ME: Motion to amend answer granted to include statutory damages cap under Maine Human Rights Act after deadline to amend in scheduling order where “good cause” and, as is required with motion to amend filed after summary judgment, “substantial and convincing evidence to justify a belated attempt to amend,” was shown
- US District Court ME: Emotional distress damages are not recoverable under Title II of the Americans with Disabilities Act
- US District Court ME: Lawsuit by healthcare workers challenging Maine administrative rule that they be vaccinated against the SARS-CoV-2 coronavirus dismissed
- US District Court ME: Court denied employer’s motion for summary judgment on the plaintiff’s sexual harassment hostile work environment claims but granted summary judgment on plaintiff’s retaliation and constructive discharge claims
- MHRC: November 7th Commission Meeting Agenda and Consent Agenda posted
- MHRC: September 19, 2022, meeting minutes include that Mark Walker of Hallowell and Thomas Douglas of Cumberland were unanimously approved by the Judiciary Committee as new Maine Human Rights Commissioners
