Legal Updates
Wednesday, September 24, 2014
- Seventh Circuit: The court upheld FMLA verdict for employee whose primary employer had only 33 employees but including “joint employer” resulted in FMLA coverage; the court also upheld $325,000 in attorney’s fees despite only $43,200 verdict, in light of defendant’s “blunderbuss” defense
- EEOC: Title VII interference suit filed over employer requirement that each prospective employee sign a mandatory arbitration agreement as a condition of employment stating that all employment-related claims–which would otherwise allow resort to the EEOC–shall be submitted to and determined exclusively by binding arbitration
Friday, September 19, 2014
- EEOC: Winter 2014 edition of Digest of Equal Employment Opportunity Law published
- EEOC: Suit filed under the Genetic Information Nondiscrimination Act against employer that required post-offer, pre-hire applicants to complete family medical history form that asked for any illnesses experienced by family members, including health conditions such as diabetes, kidney disease, heart disease, high blood pressure, arthritis, mental illness, epilepsy and cancer
- Law Court: Audio of recent oral arguments posted
- Fifth Circuit: In affirming denial of summary judgment on First Amendment claim on qualified immunity grounds, the court held that university art gallery director who was fired for telling a member of a U.S. Representative’s staff that he believed the Rep. was a “fear monger” was speaking as a citizen on a matter of public concern (not pursuant to his official duties) because spoke about concerns entirely unrelated to his job and from a perspective that did not depend on his job as a university employee, but rather emanated from his views as a citizen; therefore, reasonable officials in the defendants’ position should have known the speech was protected
- Portland Press Herald: Bar Harbor couple suing Portland police officer who arrested them
Tuesday, September 16, 2014
- EEOC: New guidance issued, “Common Errors by Federal Agencies in Dismissing Complaints of Discrimination on Procedural Grounds,” discussing the most common dismissal mistakes made by federal agencies initially processing equal employment opportunity complaints brought by federal employees and applicants, which lead to a 1/3 reversal rate by the EEOC on appeal
- US Dept of Labor: Proposed rule would prohibit federal contractors from discharging or discriminating in any other way against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant
- US District Court ME: The court denied defendant’s motion for summary judgment on punitive damages claim despite fact that First Amendment forbids award of punitive damages for words spoken without actual malice on matters of public concern, where there was sufficient evidence from which a jury could reasonably find that defendant deliberately ignored evidence that called into question his published statements and that he relied on highly questionable sources
- First Circuit: The court granted summary judgment on inmates’ Eighth and Fourth Amendments, ADA, and Rehab Act claims arising out of prison’s practice of having inmates receive HIV medication in single doses at dispensing window rather than providing them with extended doses to be used in their cells, finding that inmates did not show a serious risk of serious harm under the Eighth Amendment; that, assuming the Fourth Amendment guaranteed that prisoners have at least a limited constitutional right against gratuitous disclosures of medical information, and that policy here resulted in inmates’ inadvertent and sporadic disclosure of their HIV status to other inmates while waiting in line at the window, the policy was reasonable based on its cost savings; and inmates did not establish ADA or Rehab Act claim because policy was motivated by cost savings and not HIV status
- HUD: Settlement announced in lending discrimination case alleging discrimination based on race and national origin (Native American), where bank denied loan because property was located on a Native American reservation (property was held in “fee simple,” meaning that the couple held the title to the property, without restriction, in the same way that land is generally held throughout the United States)
Friday, September 12, 2014
- Sixth Circuit: In reversing grant of summary judgment, the court held that Federal Tort Claims Act judgment bar (judgment under FTCA bars all other claims based on same subject matter) did not bar plaintiff’s Eighth Amendment claim because FTCA claim was dismissed based on lack of subject-matter jurisdiction so there was not a “judgment”
- US District Court ME: Magistrate Judge denied summary judgment on prisoner Eighth Amendment claim, finding sufficient evidence of deliberate indifference by jail’s medical providers when they failed to provide medical services that were reasonably appropriate in light of two medical request forms suggesting urine retention and significant pain when voiding
- US District Court ME: Magistrate Judge granted motion to amend to include additional party after deadline to amend in scheduling order where new party’s involvement was unclear prior to depositions
- US District Court ME: Summary judgment granted in employment discrimination claim where court found that employee failed to show that employer’s legitimate nondiscriminatory reason for termination was a pretext for race discrimination
- US District Court ME: Summary judgment granted in Whistleblower Protection Act claim where employee failed to show that employer’s legitimate nondiscriminatory reason was a pretext for whistleblower retaliation; court rejected employer’s argument, however, that summary judgment should be based on judicial estoppel for plaintiff’s failure to disclose whistleblower claim in bankruptcy proceeding
- EEOC: Lawsuit filed under ADA challenging employer practice of requiring employee to sign overbroad release as a part of fitness-for-duty examination
Tuesday, September 9, 2014
Wednesday, September 3, 2014
- First Circuit: The court affirmed summary judgment for employer on ADA retaliation and §1983 First Amendment claim because it found that plaintiff did not show that employer’s reason for her termination was a pretext or that her protected speech (the court assumed without deciding that complaints of disability discrimination are protected by both §1983 and the ADA) was a substantial or motivating factor in her termination
- EEOC: President Appoints Jenny R. Yang EEOC Chair
- EEOC: New guide published: Preserving Access to the Legal System: A Practical Guide to Providing Employees with Adequate Information about Their Rights under Federal Equal Employment Opportunity (EEO) Laws and Regulations
- MHRC: October 6th Agenda and Consent Agenda posted; all cases from September 8th Agenda moved to October
Friday, August 29, 2014
- MHRC: Arnold Clark has been named chair of the Commission
- Eleventh Circuit: In affirming $5,000 jury verdict and $100,000 in attorney’s fees on Fair Housing Act disability discrimination claim that condominium association unlawfully enforced its pet weight policy and demanded that condominium owner with PTSD remove his emotional support dog from his condominium, the court held, in part, that plaintiff met his burden of showing that his dog was a “necessary” accommodation because having the dog would affirmatively enhance his quality of life by ameliorating the effects of his disability, even though some other arrangement, such as having a lighter-weight dog permitted by the Association’s policy, might have similarly alleviated his symptoms
- Third Circuit: In reversing summary judgment for employer, the court found sufficient evidence to support FMLA interference claim where employer told employee that she needed full use of all ten fingers before she could be reinstated despite the fact that there was no essential function of her job that she could not perform, even though statement was made the day before employee’s FMLA leave was approved (employer argued that it could not have interfered with her FMLA rights before leave was approved)
- Ninth Circuit: The court held that FedEx drivers, although characterized as “independent contractors, were actually employees under California’s “right to control” test where they must wear FedEx uniforms, drive FedEx-approved vehicles, groom themselves according to FedEx’s appearance standards, and follow FedEx instructions on what packages to deliver, on what days, and at what times; even though they may operate multiple delivery routes and hire third parties to help perform their work, with FedEx’s consent
Wednesday, August 27, 2014
- First Circuit: In dismissing for want of appellate jurisdiction an appeal of the denial of summary judgment for corrections officers on Fourteenth Amendment claim, the court noted that the law was clearly established that officers must take some reasonable measures to thwart a known, substantial risk that a pre-trial detainee will attempt suicide; and held that the trial court’s factual analysis that a reasonable jury could find defendants took no action to prevent the attempt precluded the officers’ immediate appeal
- Sixth Circuit: In affirming $173,000 jury verdict for employee, the court upheld FMLA regulation 29 C.F.R. § 825.305, which requires an employer requesting a medical certification supporting an FMLA leave to “advise an employee of the anticipated consequences of an employee’s failure to provide adequate certification”
- Law Court: Oral argument schedule posted for September 4th through 23rd including a $300,000 referral fee dispute (Cum-13-584; Cum-13-594) and the applicability of underinsured motorist coverage (Ken-13-545)
- Portland Press Herald: Maine rights panel will hear white cabdrivers’ bias claims
Friday, August 22, 2014
- First Circuit: In affirming summary judgment for builder-seller of home after buyer paid $1.5 million in repairs, court held that there was no breach of the implied warranty of habitability (under Maine law) because builder, who lived in home before selling it, was not a “builder-vendor” (contractor who builds home for the purposes of sale) and home was not a “new home,” as is required; and “as is” provision in contract defeated fraud and negligent misrepresentation claims because it showed lack of “justifiable reliance”
- First Circuit: In vacating district court decision, the court held that Maine’s unpaid wage law (rather than California’s) applied to jury finding of breach of quasi-contract between Maine-resident salesman and California-based employer, and that prejudgment interest is recoverable on the entire amount awarded in unpaid wages and liquidated damages (an additional amount equal to double the amount of unpaid wages), not just the amount for unpaid wages
- EEOC: In the EEOC’s first lawsuit to directly challenge an employer’s wellness program (94% of large employers use them), EEOC alleges program violated the ADA because it required medical examinations and made disability-related inquiries and employer shifted responsibility for payment of the entire premium for health benefits onto employee who refused to participate in program
