By John Gause, Esq. Published: Maine LAWYERS REVIEW, May 6, 2021 An easily overlooked footnote in a recent First Circuit employment discrimination decision gives us a glimpse of a major change in summary judgment proceedings. Local lawyers and judges have been operating under the understanding that record material must be submitted in a form that … Continued

What It Takes To Prove Discrimination

by John P. Gause, Esq. Published: Maine LAWYERS REVIEW, January 23, 2014 Reviewing hundreds of Investigator’s Reports and supporting files at the Maine Human Rights Commission starts to give you a pretty good idea of what it takes to prove unlawful discrimination. And I am not talking about abstract legal theories. I am referring to … Continued

What I Learned From Working at the Commission

by John Gause, Esq. Published: Maine LAWYERS REVIEW, December 12, 2013 As I reenter private practice after eight years working as the Commission Counsel at the Maine Human Rights Commission there are a few things I will carry with me that I wanted to share. My private practice will, in part, include handling cases before … Continued

Framing The Retaliation Claim

by John Gause, Esq. Published: Maine LAWYERS REVIEW, April 8, 2010, Imagine spending four days in trial in a disability retaliation case and winning $300,000, only to have it taken away because the anti-retaliation provision in the Americans with Disabilities Act (“ADA”) turns out not to allow the recovery of compensatory and punitive damages. Or … Continued

Gross Implications

by John Gause, Esq. November 5, 2009, Maine LAWYERS REVIEW Imagine if two people shoot and kill someone but neither were guilty of murder or manslaughter because the victim would have died from the other bullet anyway. Or if three people push a rock off a cliff, and it lands on someone’s head, yet none … Continued

On The Road to Recovery

by John Gause, Esq. Published: Maine LAWYERS REVIEW, July 2, 2009 Congratulations, you won your case. The corner office denied it, but the jury found that your client was fired because of his Arab descent. The verdict: $1.1 million in compensatory damages and $500,000 in punitive damages. But how much of that does your client … Continued

Employment Law: Intermittent Medical Leave

by John Gause, Esq. July 7, 2005, Maine LAWYERS REVIEW The Family and Medical Leave Act (“FMLA”) provides generous protection to workers who need to take intermittent time off from work due to chronic serious health conditions. Even employees who need to take an unpredictable hour off at a time can be protected by the … Continued

Stanley v. Hancock County Commissioners

by John Gause, Esq. April 7, 2005, Maine LAWYERS REVIEW In a recent Whistleblowers’ Protection Act claim decided by a divided Law Court,Stanley v. Hancock County Commissioners, plaintiff tried a somewhat different approach when responding to defendants’ motion for summary judgment. Instead of citing record authority to deny some of the defendants’ statements of material … Continued

Desert Palace Renders McDonnell Douglas Obsolete

by John Gause, Esq. Published: Maine LAWYERS REVIEW, November 25, 2004 My last article on the Supreme Court decision Desert Palace v. Costa focused on whether Desert Palace applies beyond traditional “mixed-motive” cases. I concluded that the soundest approach was to apply Desert Palace, at a minimum, whenever sufficient evidence is present for a jury … Continued

Is Desert Palace Limited to Mixed-Motive Cases?

by John Gause, Esq. Published: Maine LAWYERS REVIEW, July 1, 2004 It has been a year since the Supreme Court decided Desert Palace v. Costa, which held that “direct evidence” is no longer required to get a mixed-motive jury instruction under Title VII of the Civil Rights Act of 1964 (Title VII). While the Supreme … Continued