Wednesday, January 28, 2015
- Sixth Circuit: In reversing summary judgment for employer on FMLA claim, the court held that, although public employers with less than 50 employees within a 75-mile radius of plaintiff’s worksite are not covered by the FMLA, defendant was equitably estopped from raising lack of coverage because its personnel manual stated that its employees were covered and plaintiff relied on manual
- Ninth Circuit: In reversing summary judgment for defendants on inmate’s Eighth Amendment claim, the court found sufficient evidence that the undermanned escort by one prison guard of three mutually hostile, half-restrained, high-security inmates through an isolated prison passage posed a substantial risk of harm and that the escorting officer was subjectively aware of the risk involved and acted with deliberate indifference to the inmate’s safety
- US District Court ME: In age discrimination case, court denied motion to exclude testimony of plaintiff’s 63-year-old former coworker who was also fired by defendant because the testimony would be admissible to “show a defendant’s state of mind through circumstantial evidence, including through evidence of the employer’s prior incidents of discrimination or the employer’s discriminatory atmosphere”
- US District Court ME: In age discrimination case, court denied motion to exclude employee roster from year of plaintiff’s termination showing the names, date of birth, date hired and date of termination of each employee because statistical evidence showing disparate treatment by an employer of members of plaintiff’s protected class may be used to demonstrate pretext
- First Circuit: In affirming summary judgment for employer on FMLA retaliation claim, court held that plaintiff failed to show under the “cat’s paw” theory that supervisors who reported plaintiff’s time-card violations to decisionmaker did not report others who engaged in similar violations
- First Circuit: After affirming dismissal of Fourth Amendment claim brought by one town official against another for falsely telling Sheriff’s Department plaintiff had attended public meetings drunk and driven while intoxicated, the court remanded case to state court to resolve conflict between Maine’s Anti-SLAPP statute and Maine’s state constitution
- EEOC: $102,048 settlement announced in ADA claim in which job applicant could not provide a urine sample for employer’s mandatory pre-employment drug screening due to his kidney disease and dialysis, and employer denied reasonable accommodation such as a blood test, hair test, or other drug test that did not require a urine sample
- EEOC: $15,000 consent decree entered on ADA claim that employer harassed employee who walks with an abnormal gait due a stroke by referring to employee as “a cripple,” mockingly imitating the way she walked, and telling her that she was being a “hysterical basket case” when she objected
- Maine Legislature: LD 188 would provide a civil cause of action for employees who have been harmed psychologically, physically or economically by exposure to abusive work environments
- Maine Legislature: LD 160 would increase the mileage reimbursement for jurors from 15¢ per mile to 44¢ per mile and the per diem compensation to $32 per day
- MHRC: February 23, 2015, Commission Meeting Agenda posted
- Press Herald: Maine human rights panel upholds findings of discrimination, retaliation
