Thursday, May 9, 2019
- Maine Legislature: Public hearing scheduled for May 20th before the Judiciary Committee on LD 1701, An Act To Clarify Various Provisions of the Maine Human Rights Act, which would define unlawful harassment; clarify the Act’s coverage of claims based on association and the perception that an individual belongs to a protected class; define “gender identity”; clarify that a leave of absence can be a reasonable accommodation for a disability in employment; and clarify that individuals may be liable for their discriminatory behavior in certain circumstances
- Maine Legislature: Public hearing scheduled for May 20th before the Judiciary Committee on LD 1702, An Act To Enhance the Administration of the Maine Human Rights Act, which, in part, would authorize the executive director of the Maine Human Rights Commission to administratively dismiss complaints for specified reasons and issue a 180-day right-to-sue letter whether or not such a letter has been requested by the complainant
- Maine Legislature: Public hearing scheduled for May 20th before the Judiciary Committee on LD 1703, An Act To Improve Consistency within the Maine Human Rights Act, which would add familial status as a protected class in employment; include adult family members dependent for care in the definition of “familial status”; add age as a protected class in public accommodations; provide that public entities cannot discriminate on the basis of protected class; clarify the scope of the Act’s education provisions; clarify the protections provided to pregnant persons in employment; and clarify that the sexual orientation provisions in the Act extend to gender identity
- Maine Supreme Judicial Court: Comments due May 24th on proposed amendments to Maine Rule of Civil Procedure 47, which would, in part, more explicitly allow attorney-led voir dire
- First Circuit: The court affirmed summary judgment for employer on former employee’s disability discrimination claim, finding (over dissent by Judge Lipez) that she was precluded from proving that she was a “qualified individual” in light of her unqualified statements in her SSDI application that she was totally disabled as of the date she left work because her employer allegedly denied her a reasonable accommodation
- First Circuit: In affirming summary judgment for corrections officer, in part, on inmate’s 8th Amendment claim arising out of officer shoving inmate after inmate ripped up a form the officer gave the inmate to prepare, the court concluded that the record compelled the conclusion that the officer used force because he believed the inmate posed a security risk at the time of the shove due to the inmate’s defiant act of ripping up the form and not maliciously and sadistically for the very purpose of causing harm
- First Circuit: Summary judgment granted, in part, on Title VII racial disparate impact claim where plaintiff did not offer expert evidence or establish the racial composition of the pools of employees eligible for “three-day-rule” awarded job assignments that resulted in seven white and only one minority assignment
- US DOJ: Over $3 million settlement reached in Americans with Disabilities Act claim alleging Greyhound failed to maintain accessibility features on its bus fleet such as lifts and securement devices; failed to provide passengers with disabilities assistance boarding and exiting buses at rest stops; and failed to allow customers traveling in wheelchairs to complete their reservations online
- MHRC: May 13th Commission Meeting Agenda and Consent Agenda posted
