Thursday, October 2, 2014
- MHRC: Effective September 24, 2014, the Maine Human Rights Commission repealed and replaced its Employment Regulations (Chapter 3) and amended its Procedural Rule (Chapter 2). The Chapter 3 changes update the Rule to include the employment provisions of the Maine Human Rights Act and provisions in the Equal Employment Opportunity Commission regulations interpreting Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The Chapter 2 changes allow parties to complaints to pay for mediations conducted through the Commission’s Third-Party Neutral Mediation Program.
- US Supreme Court: Among cases to be decided during 2014-2015 term, which opens Monday:
- Young v. United Parcel Service: Whether, and in what circumstances, the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to pregnant employees who are “similar in their ability or inability to work.”
- US v. Wong: Whether the six-month time bar for filing suit in federal court under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling.
- US v. June: Whether the two-year time limit for filing an administrative claim with the appropriate federal agency under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling.
- Mach Mining v. Equal Employment Opportunity Commission: Whether and to what extent a court may enforce the Equal Employment Opportunity Commission’s mandatory duty to conciliate discrimination claims before filing suit.
- US DOJ: New technical assistance publication issued, “The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities”
- US District Court ME: Proposed Amendment to Local Rule 16.1 posted (public comment deadline October 31), which would remove forclosure actions from the Standard Track and add Fair Labor Standards Act and False Claim Act cases; personal injury litigation; and civil rights cases other than prisoner civil rights
- EEOC: Second EEOC lawsuit filed directly challenging an employer-provided wellness program under the Americans with Disabilities Act on the grounds that employees were penalized (including payment of full health insurance premium compared with 25%) for refusing to complete health risk assessment and submit to biometric testing, which were “disability-related inquiries and medical examinations”
- Bangor Daily: Jury awards ex-Bangor mall beautician more than $100,000 in damages
- Bangor Daily: Judge considering sex assault lawsuit against Cherryfield businessman
