Monday, January 23, 2017
- Eighth Circuit: The court held that claims for compensatory damages under the Americans with Disabilities Act survive the death of an aggrieved party, and an individual’s estate may bring and maintain suit regardless of state law to the contrary
- Maine Legislature: LD 197 proposes to amend the Constitution of Maine to prohibit the denial of equal rights based on the sex of an individual
- Maine Legislature: LD 198 provides that a landlord is not liable in a civil action for personal injury, death, property damage or other damages caused by an assistance animal on the landlord’s rental property
- Maine Legislature: LD 194 would limit joint and several liability to pecuniary damages unless defendants acted in concert
- US District Court ME: The court dismissed the portion of plaintiff’s Maine Whistleblowers’ Protection Act claim seeking monetary damages and attorney’s fees because plaintiff did not file her Maine Human Rights Commission complaint within 300 days of when she gave notice of her resignation, as opposed to the effective date of her resignation; held that only an employer can be liable under the Maine Human Rights Act (“MHRA”) for retaliation for whistleblowing activity (including under 5 M.R.S. § 4633(2)); and declined to allow a cause of action against a non-employer under the aiding and abetting provision in the MHRA
- US District Court ME: The court granted summary judgment for private employer on First Amendment and Due Process claims, finding insufficient evidence under the “entwinement doctrine” that private employer was was acting under color of state law under § 1983 or as a state actor under constitutional law
- EEOC: 2016 Enforcement and Litigation data includes that retaliation had the highest number of charges (45.9%), followed by race and disability
- US DOJ: New online resource published, “Ensuring Equality in the Criminal Justice System for People with Disabilities”
- MHRC: Revised February 27th Commission Meeting Agenda published
- Bangor Daily: Former worker sues Bath Iron Works, alleges gender discrimination