Legal Updates
John Gause monitors what’s happening in employment discrimination, civil rights, and tort law. He shares some of what he finds on this page.
Saturday, November 4, 2017
- EEOC: Online public portal enables individuals to digitally sign and file a charge prepared by the EEOC for them, provide and update contact information, agree to mediate the charge, upload documents to his or her charge file, receive documents and messages related to the charge from the agency, and check on the status of his or her charge
- MHRC: 2017 Annual Report includes that disability discrimination represented 28.4% of complaints filed (an increase from last year’s 25.2%); retaliation complaints increased from 19.1% to 26.8% of complaints filed; whistleblower retaliation complaints decreased from 18.9% to 9.5%; and the Commission found “reasonable grounds” to believe discrimination occurred in 13.6% of the cases determined by the Commission after an Investigator’s Report issued (an increase from the prior year’s 11.2%)
- First Circuit: The court vacated dismissal of action for failure to prosecute, finding that dismissal due to attorney’s failure to appear at motion hearing was “too harsh” where attorney explained that he inadvertently neglected to put the hearing on his calendar
- US District Court ME: Changes to Local Rules, effective December 1, 2017, clarify, in part, that Federal Rule of Civil Procedure 6 applies to any period of time provided for in the Local Rules, and that discovery generally should not be filed with the Court
- Bangor Daily: Jury awards Maine man $2 million after botched hand surgery
- Bangor Daily: Biracial Maine family who won housing discrimination suit hasn’t seen any money
Friday, October 20, 2017
- Third Circuit: In holding that Title III of the Americans with Disabilities Act may require a movie theatre to provide a customer who is deaf and blind with an American Sign Language “tactile interpreter” (involving the recipient placing his hands lightly upon the hands of the interpreter, who is signing in ASL), the court held that a tactile interpreter is an “auxiliary aid or service” that may be required by the ADA, not a “special service” akin to Brailled versions of books in a bookstore, which are not required
- MHRC: Minutes of October 16th meeting include that the Commission found reasonable grounds in 13.6% of the cases it decided this fiscal year, compared with 11.2% in fiscal year 2016
- MHRC: November 13th Commission Meeting Agenda posted
Friday, October 13, 2017
- Law Court: The court held, in part, that a provision in a settlement agreement that stated, “[a]ny disputes that may arise during the drafting and execution of the settlement shall be submitted to [the mediator] for review and resolution,” required binding arbitration by the mediator any any disputes, not simply voluntary mediation
- MHRC: Practice Tips before the Maine Human Rights Commission document posted
Saturday, October 7, 2017
- US District Court ME: $118,363.60 in attorney’s fees and $11,702.45 in costs awarded following jury award of $15,000 in back pay on family medical leave claim
- US District Court ME: The court denied motion to dismiss Americans with Disabilities Act and Maine Human Rights Act (“MHRA”) disability discrimination claims brought against orthopedic surgeon for failing to treat plaintiff with Tourette’s syndrome, and sought further development of record on issue of whether MHRA 2-year statute of limitations should be equitably tolled until plaintiff had reasonable cause to believe she suffered unlawful discrimination
- US District Court ME: Summary judgment denied on 8th Amendment cruel and unusual punishment claims arising out of inmate receiving inadequate medical care resulting in the amputation of his toes
- EEOC: Latest edition of federal sector Digest of EEO Law includes article discussing newer types of race discrimination that have emerged in the 21st century federal, public, and private employment sectors; including associational discrimination, biracial discrimination, intersectional discrimination, same race discrimination, and perceived race discrimination
- Maine Superior Court: The court awarded $500,000 for loss of comfort and society and $250,000 in punitive damages following hearing on damages on Wrongful Death claim following murder conviction
- MHRC: October 16th Agenda and Consent Agenda published
- Bangor Daily: Maine soccer coach loses lawsuit over eye surgery
Friday, September 29, 2017
- US District Court ME: The court held, in part, that Title VII hostile work environment claim by federal employee was sufficiently administratively exhausted despite not being listed in EEO complaint where it could “reasonably be expected to grow” out of the formal complaint
- Law Court: Oral arguments scheduled for October 11th and 12th include Cum-17-54 (whether provision requiring arbitration in retainer agreement between lawyer and client was void as against public policy); Cum-17-114 (whether arbitration agreement in contract relating to computer software was binding); WCB-16-541 (whether driver for Regional Transport Program who was paid $0.41 per mile was an “employee” eligible for Workers’ Comp benefits)
Friday, September 22, 2017
- 11th Circuit: En banc decision held that employment discrimination plaintiff who failed to list discrimination claim as an asset in her bankruptcy proceeding would be equitably estopped from pursuing the discrimination claim if she “intended to make a mockery of the judicial system,” which requires consideration of all the facts and circumstances of the case, not simply that she knew of her civil claim when completing the bankruptcy disclosure forms
- EEOC: Suit filed by EEOC alleges nursing home violated Title VII when it prohibited black employees from entering certain resident rooms based on their preference for non-black caregivers
- EEOC: Q&A published describes federal employees’ rights under Section 501 of the Rehabilitation Act to the provision of “personal assistance services,” including “assistance with removing and putting on clothing, eating, and using the restroom”
- First Circuit: Summary judgment for police officers affirmed on qualified immunity grounds on Fourth Amendment claim arising out of property owner’s arrest after confronting utility workers on his property, where it was not enough to show that the officers may have been mistaken about whether plaintiff’s conduct provided probable cause to conclude that property owner had committed the offense for which he was arrested; rather, plaintiff had to show that it was clear under state law that there was not probable cause to arrest him for the crime
- US District Court ME: On motion to dismiss Fourth Amendment unlawful search and seizure claim, the court denied in part and granted in part motion to dismiss, finding that plaintiff’s allegations stated a plausible claims that defendants participated in a conspiracy to conduct an illegal seizure and search but did not state a plausible claim that they omitted probable cause factors from an affidavit in support of a search warrant
- MHRC: September 18th minutes reflect a moment of silence for former Commission Chair Paul Vestal, who passed away recently
Friday, September 8, 2017
- Sixth Circuit: The court held that a provision in a collective bargaining agreement that requires that a grievance be held in abeyance while an Equal Employment Opportunity Commission complaint is pending violates the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act
- Law Court: In affirming summary judgment for defendants in defamation claim brought by public-figure plaintiffs, the court held that evidence of falsity, even combined with the inference of ill will, would not be sufficient to support a clear and convincing determination of actual malice
- US District Court ME: Magistrate Judge granted motion to quash plaintiff’s subpoena for defendant’s Maine Human Rights Commission file materials relating to her own complaint against co-defendant, finding that defendant’s MHRC file involved claims, actors, divisions, and timeframes different from the plaintiff’s
- US District Court ME: Summary judgment granted on excessive force and disability discrimination claims, as well as claims under the Maine Civil Rights Act and the Maine Human Rights Act, following police shooting of mentally ill decedent 25 to 27 times after prolonged standoff
- MHRC: September 18th Agenda posted
- MHRC: Fair Housing Workshop scheduled for September 27th at the Knox County Superior Court
Thursday, August 31, 2017
- Law Court: The court held that the plain and commonly understood meaning of the term “accident” in uninsured motorist provision of liability auto insurance policy is an “unexpected event,” and intentional murder occurring on a highway was therefore not covered by policy; and that the Maine statutory requirement that insurers provide uninsured motorist coverage did not require that the policy cover the murder
- First Circuit: On Fourth Amendment claim arising out of plaintiff’s warrantless arrest inside his home, the court affirmed the denial of defendants’ motion for summary judgment based on qualified immunity, finding that the district court’s exigent circumstances assessment was unreviewable, the arrest was not a “doorway arrest,” and the law was clearly established
- US District Court ME: In denying motion for summary judgment on Pregnancy Discrimination Act and Maine Human Rights Act claims that plaintiff was fired because of her pregnancy, the court followed First Circuit precedent that a plaintiff is not required to show that she was treated differently than other similarly situated employees outside the protected class as part of establishing her prima facie case
- US District Court ME: The court held that the Maine Wrongful Birth Statute did not violate the Maine or United States constitutions after it was interpreted by the Law Court to provide no cause of action for an unplanned pregnancy and delivery of a healthy child due to a failed contraceptive implant
- MHRC: September 18th Commission Meeting Agenda posted
Friday, August 18, 2017
- Seventh Circuit: Addressing an issue of first impression in its Circuit and one in which there is a Circuit split, the court held that neither the issuance of a right-to-sue letter nor the entry of judgment in a lawsuit brought by the individuals who originally filed the charges against an employer bars the Equal Employment Opportunity Commission from continuing its own investigation against that employer under Title VII of the Civil Rights Act of 1964
- DC Circuit: In holding that federal employee properly administratively exhausted two of his Title VII claims, the court held that attachments to a formal EEO complaint are an integral part of the complaint and can independently identify claims for resolution regardless of whether the attachment is also referenced in the body of the complaint itself
- US District Court ME: Noting that threats by an employer against an employee’s status of employment may constitute “adverse employment actions” under the Maine Whistleblowers’ Protection Act whether or not the threats are actually acted upon, the court denied motion to dismiss where complaint alleged plaintiff was threatened with termination, accused of fraud, pressured to sign an agreement to not bring up complaints of discrimination with human resources, transferred to another location an hour from his home, and unfairly disciplined
- Law Court: Oral arguments scheduled for September 12th and 13th include And-17-131 (First Amendment challenge to Superior Court injunction under Maine Civil Rights Act that followed finding that defendant interfered another person’s right to engage in lawful activities because of the victim’s sexual orientation); Cum-17-116 (employer challenge to arbitration award in favor of former employee); Cum-17-54 (whether arbitration clause in retainer agreement with law firm requires arbitration of legal malpractice claim); WCB-16-524 (whether credit for the social security benefits can only be taken at the time the workers’ compensation benefits are paid, and not after the fact); WCB-16-433 (whether employer should be required to pay the cost of medical marijuana for pain relief for work injury)
- Law Court: Claim preclusion applied where there was a sufficient identicality between individual defendants and the Commissioner of the Department of Health and Human Services
- MHRC: Minutes from August 14th Meeting reflect that the Commission is waiting permission to post the Field Investigator position vacated in July
