Thursday, November 5, 2020
- Maine Supreme Judicial Court: Statement of Acting Chief Justice includes that civil jury trials will not be held until well into 2021, if not later.
- EEOC: Final procedural regulations for issuing guidance, effective December 2, 2020, make guidance documents readily available to the public; ensure that guidance will be treated as non-binding; require a notice and public comment period for significant guidance; and establish a public petition process for the issuance, amendment, or repeal of guidance
- Tenth Circuit: En banc decision held that an adverse employment action is not a requisite element of an Americans with Disabilities Act failure-to-accommodate claim (the First Circuit has already so held)
- US District Court ME: Federal employees do not have a private right of action under the Family and Medical Leave Act
- Law Court: Separation of powers does not prevent a court from enjoining the Maine Department of Corrections from violating inmates’ due process rights by placing or keeping prisoners in segregation solely for the purpose of coercing an admission to wrongdoing; or from holding inmates in segregation without developing, communicating, and applying objective criteria for the inmate to obtain release from segregation
- US District Court ME: The court denied school district’s motion to dismiss Title IX, § 1983, and state tort claims against it arising out of sexual harassment former high school student alleged the school principal committed against her
- US District Court ME: Court COVID-19 entrance protocols updated
- MHRC: Minutes of October 19th meeting include that the Commission will be submitting during the Maine Legislature’s first biennial term that commences on December 2, 2020, at least one proposal to pursue the MHRA amendments that were approved in the last Legislative session, returned to the Legislature by the Governor, and left incomplete due to the Legislature’s untimely closure due to COVID-19
