Saturday, June 5, 2021
- MHRC: Webinar describes potential unlawful discrimination issues that may arise under the Maine Human Rights Act involving COVID-19 in employment, public accommodations, housing, and education
- EEOC: Updated COVID-19 guidance includes (K.1) “federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations,” (K.3) “under certain circumstances employers may offer incentives to employees who receive COVID-19 vaccines, as discussed in K.16 – K. 21,” and (K.4) “the ADA requires an employer to maintain the confidentiality of employee medical information, such as documentation or other confirmation of COVID-19 vaccination”
- Maine Supreme Judicial Court: Post-Pandemic Management Order-SJC-1 rescinds Pandemic Management Order-SJC-2(B) (relating to electronic filing of criminal motions), but leaves the remainder of PMO-SJC-2 intact, including PMO-SJC-2(F), requiring that depositions shall be conducted via remote means unless there is agreement to be in person, and PMO-SJC-2(G), that attorneys and parties may electronically sign documents filed in court or served on opposing parties unless otherwise ordered
- First Circuit: Summary judgment for employer reversed on age employment discrimination claim where there was “direct evidence” of age discrimination, namely, the decisionmaker stating that employer was terminating plaintiff because it “wanted to ‘rejuvenate’ the team/management/region and lower costs,” which a reasonable jury could construe as an admission that employer decided to terminate plaintiff’s employment because of his age inasmuch as it wanted a younger workforce
- First Circuit: Summary judgment for university reversed on Title VII failure to hire race discrimination claim where plaintiff offered sufficient evidence that the proffered reason for decision to hire arguably less experienced white applicant (that she was more qualified and better suited for the position) was pretextual (because there was evidence that plaintiff, who is Black, was evaluated under different criteria from white applicant) and “the same evidence used to show pretext can support a finding of discriminatory animus if it enables a factfinder reasonably to infer that unlawful discrimination was a determinative factor in the adverse employment action”
- First Circuit: Dismissal affirmed of due process complaint by fired town police officer against district attorney who allegedly issued a “Giglio” letter concerning officer to the town’s police chief that led to officer’s termination without providing officer meaningful notice and opportunity to dispute those allegations, because, in part, officer did not have a protected liberty or property interest in the district attorney’s charging decisions, decisions regarding what materials are disclosed to criminal defendants during discovery, or decisions as to who to call to testify at trial
- MHRC: Minutes of May 17th Commission meeting include that Julie O’Brien has been sworn in as a Commissioner