Wednesday, August 20, 2014
- Law Court: The court reviewed an allegation of judicial misconduct by a Superior Court Justice for obvious error because the allegation was raised for the first time on appeal; held that the Justice was not obligated by the Code of Judicial Conduct to recuse himself or disclose a friendship with a former colleague who is now an attorney with a party law firm; and construed the Maine’s Uniform Fraudulent Transfer Act
- DC Circuit: In reversing summary judgment for employer, court held that lower court erred in holding that a “maxiflex work schedule” was an unreasonable accommodation as a matter of law (maxiflex schedule is one that contains core hours on fewer than 10 workdays in the biweekly pay period and in which a full-time employee has a basic work requirement of 80 hours for the biweekly pay period, but in which an employee may vary the number of hours worked on a given workday or the number of hours each week within the limits established for the organization)
- Seventh Circuit: In reversing summary judgment for employer, court held that FMLA does not require a plaintiff to present expert testimony that a serious health condition rendered him unable to work (i.e., perform one or more of the essential functions of his position) during the absences for which he claims he was entitled to FMLA leave and for which he was terminated
- Sixth Circuit: The court answered the following questions yes, yes, and no: (1) Is there a triable issue of fact over whether Religious Land Use and Institutionalized Persons Act gives the inmates a right to have access to a sweat lodge for faith-based ceremonies? (2) Is there a triable issue of fact over whether RLUIPA gives the inmates a right to buffalo meat and other traditional foods for a faith-based once-a-year powwow? (3) Does RLUIPA permit inmates to collect money damages from prison officials sued in their individual capacities?
- US Dept of Labor: OSHA ordered employer to pay a total of $953,916 in damages under the Surface Transportation Assistance Act to a foreman and two truck drivers for terminating their employment for raising safety concerns after being directed to violate U.S. Department of Transportation mandated hours of service for commercial truck drivers
- EEOC: Press release discusses Part II of FY 2011 and Part I of FY 2012 Annual Report on Federal Work Force
- HUD: Press release announced that HUD charge alleges Kent State University violated Fair Housing Act by refusing to allows student exception to no-pets policy for emotional support animal
- Bangor Daily: Rights panel finds housing agency discriminated against man suffering from alcoholism, PTSD
- Bangor Daily: Jury finds Bangor officers did not use excessive force in 2011 arrest outside bar
