Articles by John Gause

by John Gause, Esq. Published: Maine LAWYERS REVIEW, March 25, 2004 It is a good idea for us to keep the issue of federal preemption in the back of our minds when we are prosecuting state employment discrimination claims. Under some circumstances state claims such as those brought under the Maine Human Rights Act (MHRA) … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, September 11, 2003 Do not be fooled into thinking that discriminatory comments and actions by people who were not involved in plaintiff’s case are inadmissible. Defendant may argue that only the remarks and actions of those who were responsible for the adverse employment action can be admitted. … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, July 3, 2003 (updated 12/2013) A pivotal decision comes along in employment discrimination about every fifteen years. In 1973, the Supreme Court gave us McDonnell Douglas Corp. v. Green, which created the bedrock framework for proving intentional discrimination with circumstantial evidence. In 1989, the Court handed down … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, August 16, 2000 One of my earlier articles asked the question: “Pretext Plus: Plus What?” InReeves v. Sanderson Plumbing Products, Inc., the United States Supreme Court gave part of the answer: Usually nothing. Decided in this June, Reeves will make it easier for plaintiffs to understand what … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, March 29, 2000 A reading of the Law Court’s decisions addressing wrongful discharge is almost enough to discourage one into believing that there will never be a common-law exception to the employment-at-will doctrine. The Court had made short shrift of all efforts to have the Court recognize … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, January 5, 2000 It is surprising that defamation claims do not show up more often in employment cases. Negative performance evaluations, defamatory intra-office communications, false reasons for termination, and inaccurate post-employment recommendations all offer fertile ground for defamation claims. There are no caps on damages and juries … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, December 8, 1999 Most employees know that they are entitled to 12 weeks of maternity leave. The finer points of the Family and Medical Leave Act (“FMLA”) and Maine’s Family Medical Leave Requirements are less understood. Viewed in their entirety, these laws offer very generous protection to … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, May 26, 1999 The Tax Code needs to change. Victims of discrimination are taking home far too little of what they recover in successful civil rights claims. With the 1996 changes to the Code, even compensatory damages are now taxable. For the time being, we have to … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, September 15, 1999 (updated December 2013) Punitive damages play an important role in encouraging compliance with our civil rights laws. There is no better deterrent than assessing a heft penalty against those who base employment decisions on stereotypic and class-based assumptions about an employee’s abilities. Yet punitive … Continued

by John Gause, Esq. Published: Maine LAWYERS REVIEW, March 31, 1999 A large number of recent decisions have focused on the issue of whether representations on applications for disability insurance or social security benefits bars a person from later claiming she is entitled to protection under the ADA. The Circuit Courts of Appeals are currently … Continued