Saturday, January 30, 2016
- US District Court ME: The court certified the following question to the Law Court: “Is a claim for disparate impact age discrimination under the Maine Human Rights Act evaluated under the ‘reasonable factor other than age’ standard; the ‘business necessity’ standard; or some other standard?”
- US District Court ME: The court granted summary judgment for school on student’s claim that school violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by refusing to allow him to wear an audio recording device throughout his school day, because student did not first exhaust claim pursuant to the Individuals with Disabilities Education Act; but denied summary judgment on several of student’s retaliation and First Amendment claims
- US District Court ME: In largely denying motion to dismiss complaint against prosecutor and others for tort and civil rights violations arising out of prosecutor failing to produce exculpatory material in criminal case, the court, in part, found that claims were timely under state and federal “discovery rule,” and that prosecutor was not entitled to absolute immunity for the legal advice she gave law enforcement officers about how to respond to defense subpoenas
- US District Court ME: In recommending partial summary judgment for employer on unpaid overtime claim brought by delivery drivers, the court held that exception to overtime for “distribution” of perishable goods applied to drivers
- Maine Superior Court: In denying summary judgment for veterinary clinic on negligence claim arising out of plaintiff’s fall in snow in clinic’s parking lot during a snowstorm, the court found issues of fact on whether clinic failed to maintain reasonably safe premises and whether plaintiff was a trespasser (plaintiff had stopped to care for her daughter rather than use the clinic but the clinic had not asked her to leave)
- Maine Superior Court: The court sustained Maine State Prison inmate’s 80C appeal and reversed his disciplinary punishment because he did not receive statutorily required fair hearing under high standards of fairness and equity
- EEOC: Proposed changes would require employers with more than 100 employees to report on the EEO-1 aggregate data on pay ranges and hours worked beginning with the September 2017 report
- Bangor Daily: Millinocket couple awarded $1.785M in malpractice trial
- WCSH: ME Human Rights Commission issues guidance on sexual orientation discrimination in schools
