Legal Updates
Saturday, February 2, 2019
- First Circuit: In reversing summary judgment, the court held that a plaintiff may establish a Title VII, Maine Human Rights Act (“MHRA”), or Equal Protection hostile work environment claim if she shows that the harassment was “based in part on her sex” even if sex was not the “but for cause” of the harassment; MHRA § 4633 allowed a suit by a nurse against the prison where she worked even though she was employed by another company; the nurse’s employer may be liable under Title VII and the MHRA for a hostile work environment created by third-party prison staff if her employer knew or should have known of the hostile work environment and failed to take reasonable measures to try to abate it; the Title VII and the MHRA non-retaliation provisions protected her reporting that she had a reasonable, good faith belief violated those statutes, even if her employer lacked “the ability and authority to correct” the complained-of violations; her reporting was also protected by the Maine Whistleblowers’ Protection Act even if her employer’s ability and authority to control the complained-of violation was indirect because the prison staff were employed by someone else
- Maine Legislature: Hearing before Labor Committee scheduled for February 6th on LD 278, An Act Regarding Pay Equality, which would amend the Maine Human Rights Act to provide that evidence of discrimination with respect to compensation includes an employer seeking information about a prospective employee’s prior wage history before an offer of employment, including all compensation, to the prospective employee has been made
- MHRC: January 28th Meeting minutes reflect that the Commission’s Procedural Rule amendments have been approved by the Attorney General’s office, with one change; and that 40 bills in the current Legislative session relate to the Maine Human Rights Act or the Commission
- MHRC: March 4th Meeting Agenda posted
Thursday, January 24, 2019
- US District Court ME: Magistrate Judge granted motion to compel production of internal documents generated as a result of alleged excessive force incident at Youth Development Center, rejecting attempt to withhold them based on an asserted privilege for “self-critical analysis,” the Maine peer review privilege pursuant to Federal Rule of Evidence 501, or a standalone federal common-law peer review privilege
- Law Court: Claim preclusion does not bar a subsequent suit brought in District or Superior Court by a person who was not an actual party to Small Claims action
- US District Court ME: Magistrate Judge recommended denial of § 1983 claim arising out of transportation contractor allegedly depriving plaintiff of constitutional rights: “if a government official is aware or obviously should have been aware that the third-party’s practices present a genuine risk of a constitutional deprivation, but the official does not take readily available measures to mitigate the risk, the government official can be legally responsible for the deprivation”
- Maine Superior Court: Motion to dismiss tort action between former spouses denied because, in part, prior divorce judgment was not res judicata because of different remedies in divorce and tort actions; and, although allegedly defamatory statements in Protection From Abuse court complaint were absolutely privileged, republication of complaint to third parties outside of court is not necessarily privileged
- Maine Superior Court: No right to jury trial because relief sought in Maine Uniform Fraudulent Transfer Act claim was primarily equitable, despite inclusion of claim for monetary damages in prayer for relief
- Maine Supreme Judicial Court: Comments due January 25, 2019, on the Court’s proposed legislation regarding transparency and privacy in court records, which would make civil case information primarily public
- MHRC: January 28th Agenda and Consent Agenda posted
Wednesday, January 16, 2019
- US Supreme Court: The Court agreed with the First Circuit that, under the Federal Arbitration Act, (1) when a contract delegates questions of arbitrability to an arbitrator, a court is not required to leave disputes over the application of an FAA exception (here Section 1) for the arbitrator to resolve; and (2) the term “contracts of employment” under the Section 1 exception does not refer only to contracts between employers and employees but also reaches contracts with independent contractors
- First Circuit: In reversing dismissal of False Claims Act retaliation complaint because plaintiff had engaged in FCA-protected activity, the court described the required showing as follows: “rather than plausibly pleading the existence of a fire — the actual submission of a false claim — a plaintiff alleging FCA retaliation need only plausibly plead a reasonable amount of smoke — conduct that could reasonably lead to an FCA action based on the submission of a false claim”
- US District Court ME: Summary judgment granted for employer on Maine Whistleblowers’ Protection Act claim where court found that plaintiff had not engaged in WPA-protected activity of reporting what she reasonably believed was illegal activity by reporting that her employer had engaged in violations of “fair claims processing standards,” which were best practices guidelines and not an established body of law; and granted summary judgment on her disability reasonable accommodation claim because, in part, her request for a new manager was not a reasonable request
- MHRC: January 28th Meeting Agenda and Consent Agenda posted
Saturday, December 29, 2018
- Seyfarth Shaw Employment Law Lookout Blog: Infographic tracks the spread of paid sick leave and anti-local sick leave laws around the country from pre-2014 to 2018
- 5th Circuit: Where prevailing plaintiff under Fair Labor Standards Act previously rejected a more favorable Rule 68 Offer of Judgment, court should consider rejection of the Offer in setting reasonable attorney’s fee, but rejection does not preclude attorney’s fees altogether as would be the case under civil rights statutes that include attorney’s fees as a part of recoverable “costs”
- MHRC: Minutes of December 17th meeting include that Kathryn Hutchison has joined the Commission as an Investigator and that the Commission expects to be submitting a number of proposed MHRA amendments to the Maine Legislature
- MHRC: January 28, 2019, Meeting Agenda posted
