Legal Updates
John Gause monitors what’s happening in employment discrimination, civil rights, and tort law. He shares some of what he finds on this page.
Wednesday, Febuary 19, 2014
- First Circuit: In reversing 12(b)(6) dismissal, the court held that Title VII non-retaliation provision prohibits discrimination because plaintiff filed §1983 sex discrimination complaint over conduct that was also prohibited by Title VII, even though Title VII was not mentioned in earlier complaint, and that retaliatory acts about which plaintiff had personal knowledge only needed to be described in complaint “in sufficient detail to make them plausible” even if exact details such as dates and precise context were not alleged
- Bangor Daily: Maine Senate rejects long-debated ‘religious freedom’ bill
Monday, February 17, 2014
- Ninth Circuit: In reversing dismissal of First Amendment claim against public elementary school that mandated school uniforms displaying the motto “Tomorrow’s Leaders,” the court recognized that the uniform policy compelled students to express a particular viewpoint that leadership should be celebrated and that the elementary school was likely to produce tomorrow’s leaders
- Bangor Daily: Employers be aware: National Labor Relations Board turns focus to nonunionized workplaces
Friday, February 14, 2014
- Law Court: In affirming judgment on jury verdict for nursing home in negligence action arising out of resident’s fall (and subsequent death) that could have been prevented if glove dispensers had been installed in bathrooms or staff had been instruced to carry gloves, the court held that evidence that the nursing home subsequently installed glove dispensers and instructed staff to wear gloves was properly excluded as “subsequent remedial measures” because nursing home conceded the feasibility of doing so at trial and contrary evidence was only elicited during cross examination of defendant’s witness by plaintiff’s attorney
- US District Court ME: In granting plaintiffs’ motion for conditional certification of a “collective action” for unpaid overtime wages under Fair Labor Standards Act, the court held that plaintiffs had met their required “modest factual showing” of a reasonable basis for their claim that there are other similarly situated employees and ordered defendant to provide plaintiffs with all potential opt-in plaintiffs’ names, last known mailing addresses, and dates of employment in order for plaintiffs to provide them notice and opt-in consent forms
Thursday, February 13, 2014
- US District Court ME: In dismissing Maine wage and hour statutory claim against individual corporate officer and owner, the court relied on the Law Court’s decision in Fuhrmann v. Staples, which held that individual supervisors are not liable as “employers” under the Maine Human Rights Act
- MHRC: The Maine Human Rights Commission posted its revised Commission Meeting and Consent Agenda for February 24, 2014
- Bangor Daily: Judge rules Portland ordinance banning panhandlers, others from median strips is unconstitutional
Wednesday, February 12, 2014
- Law Court: In vacating judgment for defendant on medical malpractice jury verdict, the court held that Superior Court erred in admitting unanimous medical malpractice prelitigation prelitigation screening panel finding where panel chair’s email to the parties notifying them of the decision revealed that she had relied on information that was not presented to the panel (her own doctor’s practices) in rendering her decision
- Fourth Circuit: In affirming summary judgment for plaintiff ACLU, the court held that North Carolina’s authorizing a “Choose Life” plate while refusing to authorize a pro-choice plate constitutes viewpoint discrimination in violation of the First Amendment
Monday, February 10, 2014
- First Circuit: In affirming dismissal of claim under Federal Tort Claims Act brought by injured guest at Commandant’s House in Boston, the court held that decision not to increase height of railing to 42 inches, as required by the Massachusetts building code, fit within FTCA’s discretionary-function exception
- Sixth Circuit: Court vacated dismissal of state-law wrongful eviction complaint because tenant was evicted after foreclosure sale without 90-day notice as required by the Protecting Tenants at Foreclosure Act of 2009
- EEOC: Press release describes EEOC lawsuit against CVS for violation of Title VII § 707, which prohibits pattern or practice of resistance to the full enjoyment of any of the rights secured by Title VII, alleging CVS severence agreements interfered with employees’ right to file discrimination charges and/or communicate and cooperate with the EEOC
Thursday, February 6, 2014
- EEOC: 2013 enforcement and litigation data reflects that retaliation was the most frequent (41%) allegation in the 93,727 charges received; that the most frequent issues were discharge, followed by terms and conditions of employment, and harassment; and that the EEOC itself filed 131 merit lawsuits, including 78 under Title VII
- DOJ: $15,000 settlement agreement reached in ADA lawsuit against Rite Aid for refusing to administer flu shot to customer because he has HIV
- NLRB: Amendments to representation case procedures proposed
- Bangor Daily: Is diabetes a disability? Yes, according to Maine Human Rights Commission investigator
