Legal Updates
Desert Palace, Inc. v. Costa: Reshaping the Face of Employment Law
by John Gause, Esq. Published: Maine LAWYERS REVIEW, July 3, 2003 (updated 12/2013) A pivotal decision comes along in employment discrimination about every fifteen years. In 1973, the Supreme Court gave us McDonnell Douglas Corp. v. Green, which created the bedrock framework for proving intentional discrimination with circumstantial evidence. In 1989, the Court handed down … Continued
“Pretext Plus” Nothing
by John Gause, Esq. Published: Maine LAWYERS REVIEW, August 16, 2000 One of my earlier articles asked the question: “Pretext Plus: Plus What?” InReeves v. Sanderson Plumbing Products, Inc., the United States Supreme Court gave part of the answer: Usually nothing. Decided in this June, Reeves will make it easier for plaintiffs to understand what … Continued
Waiting for a Wrongful Discharge
by John Gause, Esq. Published: Maine LAWYERS REVIEW, March 29, 2000 A reading of the Law Court’s decisions addressing wrongful discharge is almost enough to discourage one into believing that there will never be a common-law exception to the employment-at-will doctrine. The Court had made short shrift of all efforts to have the Court recognize … Continued
Employment Law: The Truth About Defamation
by John Gause, Esq. Published: Maine LAWYERS REVIEW, January 5, 2000 It is surprising that defamation claims do not show up more often in employment cases. Negative performance evaluations, defamatory intra-office communications, false reasons for termination, and inaccurate post-employment recommendations all offer fertile ground for defamation claims. There are no caps on damages and juries … Continued
Family and Medical Leave
by John Gause, Esq. Published: Maine LAWYERS REVIEW, December 8, 1999 Most employees know that they are entitled to 12 weeks of maternity leave. The finer points of the Family and Medical Leave Act (“FMLA”) and Maine’s Family Medical Leave Requirements are less understood. Viewed in their entirety, these laws offer very generous protection to … Continued
Taxing Our Civil Rights
by John Gause, Esq. Published: Maine LAWYERS REVIEW, May 26, 1999 The Tax Code needs to change. Victims of discrimination are taking home far too little of what they recover in successful civil rights claims. With the 1996 changes to the Code, even compensatory damages are now taxable. For the time being, we have to … Continued
Punitive Damages
by John Gause, Esq. Published: Maine LAWYERS REVIEW, September 15, 1999 (updated December 2013) Punitive damages play an important role in encouraging compliance with our civil rights laws. There is no better deterrent than assessing a heft penalty against those who base employment decisions on stereotypic and class-based assumptions about an employee’s abilities. Yet punitive … Continued
Watch Out For Disability Applications
by John Gause, Esq. Published: Maine LAWYERS REVIEW, March 31, 1999 A large number of recent decisions have focused on the issue of whether representations on applications for disability insurance or social security benefits bars a person from later claiming she is entitled to protection under the ADA. The Circuit Courts of Appeals are currently … Continued
Employment Law: Working Around the Comp Bar
by John P. Gause, Esq. Published: Maine LAWYERS REVIEW, July 8, 1998 The Maine Workers’ Compensation Act’s exclusivity provision frequently comes up in the context of employment discrimination claims. The Act bars common-law actions for personal injuries that arise out of and occur during the course of employment. The same conduct that gives rise to … Continued
Wednesday, March 11, 2015
- DOJ: The Department filed a Statement of Interest in Williams v. City of New York, taking the position that “on the street” police encounters are “services, programs, or activities” covered by Title II of the Americans with Disabilities Act, and that, to comply with Title II during an arrest, police must provide auxiliary aids and services and make reasonable modifications to accommodate an individual’s disability
- Maine Legislature: LD 861 would amend the laws governing residential leases in instances where a tenant is a victim of domestic violence, sexual assault or stalking; prohibit a landlord from evicting a tenant because of an instance of domestic violence, sexual assault or stalking; and render the perpetrator liable for certain damages
- Maine Superior Court: In denying defendant’s motion to dismiss claims that doctors viewed plaintiff’s medical records without authorization, the court held that they were not subject to the Maine Health Security Act because they not arise “out of the provision or failure to provide health health care services”
- Maine Superior Court: In granting defendant’s motion for summary judgment on Whistleblowers’ Protection Act claim, the court held that more than one-year gap was too long to create a causal connection between protected activity and adverse job action
- Maine Superior Court: In denying defendant’s motion to dismiss 80B appeal, the court held, in part, that complaint was timely where plaintiff filed suit more than 30 days but within six months of letter stating that her application for reinstatement would not be considered, finding refusal constituted a failure to act (which has 6-mos 80B appeal deadline)
- Maine Superior Court: In denying defendant’s motion for summary judgment on plaintiff’s negligence claim, the court held that expert testimony is not necessary to establish that diesel fuel spill, which occurred 4 1/2 hours before fall and that was blanketed with kitty litter and exposed to rain, was still slippery enough to cause plaintiff’s fall
- Bangor Daily: Investigator: Camden company denied family apartment because of race
