Saturday, February 27, 2016
- Eleventh Circuit: Rejecting the application of the McDonnell Douglas framework to mixed-motive circumstantial evidence claims under Title VII and § 1983, the court held that plaintiff only must offer evidence sufficient to convince a jury that (1) the defendant took an adverse employment action against the plaintiff; and (2) a protected characteristic was a motivating factor for the defendant’s adverse employment action (the court noted that the First Circuit has so far declined to analyze the role of McDonnell Douglas in this context post-Desert Palace)
- US District Court ME: In a post-trial order following a plaintiff’s verdict on Maine Human Rights Act and Americans with Disabilities Act claims, the court held that the back-pay award was not speculative despite the per diem nature of plaintiff’s former job (she testified to the average hours and pay she had earned while employed); jury instruction was proper on communication mistake that led to termination (citing Criado v. IBM Corp.); reinstatement was appropriate despite employer’s claim of hostility; and pre-judgment interest on judgment pursuant to 14 M.R.S.A. § 1602-B(5) started when employer received notarized Maine Human Rights Commission complaint, despite the fact that complaint was not sent by registered or certified mail
- Sixth Circuit: In reversing summary judgment for employer on Title VII claim that female employee was disciplined more harshly than males for allegedly similar conduct, the court held that, at the pretext stage of the McDonnell Douglas/Burdine analysis, the factual inquiry into whether the comparison conduct was similar proceeds to a new level of specificity without an increase in plaintiff’s evidentiary burden from the prima-facie-case stage
- Maine Legislature: LD 1601 creates the term “assistance animal” (compared with “service animal”) in the Maine Human Rights Act to account for the differences between housing and public accommodations discrimination, and increases the penalty for misrepresentation as a service dog or assistance animal
