Monday, March 6, 2017
- Eighth Circuit: The court held that Title VII retaliation complaint survived motion to dismiss because six-week period between the EEOC charge and termination plausibly alleged a but-for causal connection, and, while other factual allegations in the complaint may have been consistent with termination for poor performance, they were not an “obvious alternative explanation” that rendered the claim implausible
- First Circuit: The court reversed 12(b)(6) dismissal of complaint alleging that police officers violated plaintiffs’ substantive due process rights by failing to protect them from violence after having taken affirmative steps to increase the threat that a suspect posed to them, finding that discovery was warranted to determine whether the officers’ actions were in line with police protocol and training
- First Circuit: Affirming summary judgment for town (in unpublished opinion) on claim by former employee that he was denied procedural due process under the Fourteenth Amendment in his pre-termination hearing, the court held, in part, that “even where a decision-maker makes the termination decision before the pre-termination hearing, and drafts a corresponding termination letter, there is no constitutional infirmity as long as the planned termination was subject to revision”
- US District Court ME: In sexual harassment claim in which plaintiff testified at her deposition that she continues to suffer severe mental distress as a result of alleged sexual harassment to which she was subjected by a different employer, Magistrate Judge denied former employer’s motion to compel plaintiff’s production of records relating to her medical, psychiatric, psychological, and other health care, reasoning that whether a plaintiff has forfeited the psychotherapist-patient privilege turns not on a plaintiff’s characteristics or history but, rather, on the nature of his or her claim–specifically, whether the plaintiff makes a claim for emotional distress damages greater than those that any healthy, well-adjusted person would suffer as a result of the conduct at issue (here she did not)
- Law Court: The court held that the Maine Probate Code does not waive sovereign immunity when the Department of Health and Human Services acts as a public conservator
- Maine Legislature: Work session scheduled for March 8th before the Labor, Commerce, Research and Economic Development Committee on LD 466, “An Act To Protect Employees from Abusive Work Environments”
- Maine Legislature: Work session scheduled for March 8th before the Labor, Commerce, Research and Economic Development Committee on LD 487, “An Act To Promote Keeping Workers in Maine”
- MHRC: Minutes of February 27th Commission Meeting including a Quarterly Report that the Commission had 662 cases pending during the quarter ending 12/31/2016 and the average number of days a case was at the agency was 309 days
- MHRC: March 27th Commission Meeting Agenda posted
- HUD: Dr. Ben Carson Sworn in as HUD Secretary
