Saturday, November 16, 2019

10th Circuit: Relying on First Circuit precedent regarding a plaintiff’s burden under the Americans with Disabilities Act of showing that she has a protected disability, the court held that there is no general rule that medical testimony is always necessary to do so and the necessity of such evidence should be assessed on a case-by-case-basis
US District Court Me: Summary judgment granted for employer on Maine Whistleblowers’ Protection Act claim where plaintiff’s challenge to employer’s “huddle meeting” requirement, which included questioning how they would be conducted if team members were working at home due to inclement weather, was subjectively motivated by inefficiencies rather than safety, and, even if about safety, was too vague to be protected activity; but denied on age discrimination claim where decision maker made age-disparaging comments, including inquiring how much longer plaintiff planned on working (she was 59), together with a sufficient showing of pretext
Maine Superior Court: Summary judgement denied on Maine Human Rights Act claim by former fire chief that he was fired because of a heart condition

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