Thursday, May 22, 2014
- First Circuit: In reversing summary judgment for employer on Title VII failure to promote claim, the court held that recommendation of other candidates prior to plaintiff’s application did not defeat his claim; that employer’s failure to gather background information on successful candidates bolstered plaintiff’s argument that he was the superior candidate; that decisionmakers’ lack of specific knowledge that plaintiff was muslim and from Algeria did not defeat plaintiff’s claim of discrimination based on race, religion, and national origin in light of circumstantial evidence that they viewed him as a a member of multiple minority groups; and lack of overt discriminatory conduct or remarks was not dispositive, particularly in light of demonstrated pattern of bypassing minorities for promotion
- Maine Supreme Court: Invites comments on proposed rule amendments, including to Maine Rules of Appellate Procedure to reduce time for filing briefs in appeals from certain types of trial court orders (comment deadline May 23, 2014); Maine Rules of Civil Procedure regarding the Foreclosure Diversion Program, to establish an expedited track for certain cases, and to establish procedural rules for the Business and Consumer Docket (deadline June 2, 2014); Maine Rules of Professional Conduct regarding advances on fees, nonrefundable fees, and contingent fees (June 2, 2014); and Maine Bar Admission Rules regarding the Multistate Professional Responsibility Examination and reciprocal admission by motion
- HUD: $175,000 settlement with housing provider announced in Fair Housing Act disability (deafness and hard of hearing) discrimination case in which housing provider allegedly hung up on testers who used the IP Relay system or sent their calls directly to voice mail, and when agents spoke with testers using the IP Relay system, they allegedly quoted higher rental prices and failed to offer the same specials and amenities they offered to testers who did not use the IP Relay system