Monday, September 16, 2019
- 11th Circuit: Regard-as prong of the Americans with Disabilities Act definition of disability protects “persons who experience discrimination because of a current, past, or perceived disability–not because of a potential future disability that a healthy person may experience later” (plaintiff was fired out of fear that she might contract Ebola on a trip to Ghana)
- 5th Circuit: But-for causation requirement applies solely at McDonnell Douglas’s final pretext stage, not at the initial prima facie stage
- US District Court ME: Summary judgment granted for employer on FMLA, disability, and Whistleblower discrimination claims, but denied on age harassment claim where district manager’s comment that plaintiff’s (a store director) “time had come and gone” and “no one looked up to [him] anymore,” could be regarded as “the keystone in an arch of lesser indignities that, together, stack up to support Plaintiff’s age-based, hostile work environment claim”
- US District Court ME: Summary judgment granted for employer on disability discrimination claim that employer failed to accommodate and terminated sales employee with post-traumatic stress disorder who had an angry outburst at work, where court found that plaintiff’s request for accommodation was for a past transgression and termination decision was made before employer knew of plaintiff’s disability
- Law Court: Oral argument in Cum-18-519 scheduled for September 24th will address whether outside attorney hired by the University of Southern Maine as an “Equal Opportunity Complaint Procedure investigator” is immune from suit under the Maine Tort Claims Act and Maine’s “anti-SLAPP” statute
- Law Court: Oral argument in Cum-19-39 scheduled for September 24th will address whether long-term care facility where plaintiff was employed by a medical staffing agency abused or otherwise lost its “common interest” privilege in making allegedly false statements about plaintiff
- Law Court: Oral argument in Cum-19-3 scheduled for September 24th will address whether Superior Court erred in granting summary judgment for lawyer and firm in legal malpractice action alleging lawyer failed to file an administrative complaint and thereby forfeited whistleblower remedies
- Law Court: Oral argument in Yor-18-513 scheduled for October 8th will address whether Superior Court erred in granting summary judgment for employer on sexual harassment, whistleblower retaliation, and disparate treatment sex discrimination claims (briefs are available on the Court’s website)
- Law Court: District Court committed reversible error by considering deposition testimony as part of motion to dismiss, rather than converting motion to one for summary judgment and allowing both parties an opportunity to augment the record
- MHRC: Mediators sought for the Commission’s Third Party Neutral Mediation Program (application deadline September 30, 2019)
