Wednesday, June 29, 2016
- US Supreme Court: Certiorari granted in Fair Housing Act claim brought by city allegedly harmed by discriminatory loan practices of residential mortgage lenders will decide whether FHA, by limiting suit to “aggrieved persons” (same language as in Title VII), Congress required that a FHA plaintiff plead more than just Article III injury-in-fact
- US Supreme Court: Certiorari granted in case that will decide whether driver-education program farmed out to a private vendor was a “service, program, or activity” of the state within the meaning Title II of the ADA and Section 504 of the Rehabilitation Act
- US District Court ME: Magistrate recommended summary judgment on denial of reasonable accommodation claim brought by former Certified Residential Medication Aide who left work while experiencing a panic and asthma attack because plaintiff did not request accommodation until after returning to work; denial of summary judgment on termination claim in light of close temporal relationship between the termination and plaintiff’s disclosure of her medical conditions, and the fact that employer did not terminate other employees who, without advance notice, were late for work or did not report to work; and denial of summary judgment on “substantive entitlement” and “negative factor” FMLA claims
- US District Court ME: The court granted summary judgment on disability termination claim, finding a lack of evidence that former employer regarded plaintiff as being disabled where, although it may have known that plaintiff drank to excess, there was insufficient evidence that it regarded plaintiff as being alcoholic; and there was no causal connection between Plaintiff’s alleged disability and the termination of his employment or a trialworthy issue on pretext for disability discrimination
- First Circuit: The court affirmed summary judgment for employer on disability termination claim, finding that the record established that the defendants acted for a legitimate, non-discriminatory reason
- Law Court: The court affirmed summary judgment for defendants on claim of tortious interference with expectancy of an inheritance where plaintiff’s affidavits were vague, lacked a basis for personal knowledge, and were largely based on inadmissible hearsay, and thus were insufficient to constitute prima facie evidence that defendants’ interference caused plaintiff to lose inheritance
- Maine Superior Court: After jury-waived trial, Superior Court Justice held that Town did not abuse its discretion or violate former deputy treasurer’s administrative due process by failing to reinstate her
- Kennebec Journal: Panel finds sex discrimination in Augusta employment, housing cases
- Bangor Daily: Judge dismisses former Bar Harbor police chief’s discrimination suit