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.
Tuesday, February 4, 2014
- Eighth Circuit: Reversing summary judgment for supervisor in five prison guards’ §1981 and §1983 racial harassment claims, the court held that the district court improperly looked at the racial comments directly experienced by a particular plaintiff in isolation rather than considering them collectively for all plaintiffs because while “each individual did not hear every remark referenced in their complaint or depositions, each black officer became aware of them”
- Fifth Circuit: The court affirmed summary judgment on overtime claim under Fair Labor Standards Act for direct caregivers who were not paid for time spent in homes from 10 PM to 6 AM, finding sufficient evidence that they were “employees” and not independent contractors, that FLSA companionship services exemption did not apply, and district court did not err in refusing to omit a liquidated damages award
- Fourth Circuit: In vacating summary judgment for state prison on inmates First Amendment claim, the court held that the prison’s voluntary cessation of policy of requiring inmates to provide physical indicia of Islamic faith in order to receive special meals to observe Ramadan did not moot inmate’s claims because prison failed to make it “absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur”
- Bangor Daily: Wisconsin woman claims Camden Harbour Inn discriminated against her and disabled husband
Monday, February 3, 2014
- First Circuit: Panel (that included retired Associate Justice David Souter) affirmed summary judgment for employer on Title VII sexual harassment and retaliation claims, holding, in part, that employee failed to establish prima-facie case of retaliation when arguably protected activity occurred in February-March 2011 and termination occurred in May 2011 but “the larger picture quite clearly undermines” the causal connection
- US Dept of Justice: New technical assistance document published summarizing ADA Title II (state and local governments) and Title III (public accommodations and commercial facilities) regulations covering Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices
- US Dept of Justice: New technical assistance document published summarizing ADA Title II (state and local governments) and Title III (public accommodations and commercial facilities) regulations covering Effective Communication for vision, hearing, and speech disabilities
- SSA: Social Security Administration announced that it published New Supplemental Security Income Rules Involving Same-Sex Married Couples following Supreme Court’s decision striking down the Defense of Marriage Act
- Maine Women’s Lobby: Monthly newsletter covers pending legislation and court decisions that the Maine Women’s Lobby is following
Friday, January 31, 2014
- Law Court: In vacating summary judgment for school and entering it for student and Maine Human Rights Commission, the court held that the Maine Human Rights Act prohibits a school from denying a transgender student access to communal girls’ bathrooms that are consistent with her gender identity
- Maine Superior Court: In denying summary judgment for State of Maine on Maine Human Rights Act claim, court held that prior arbitrator’s decision in employment-related grievance brought by union for employee under collective bargaining agreement, finding that employee was terminated for failing to perform job adequately, did not preclude subsequent MHRA discrimination claim and issue of pretext remained for decision
- Ninth Circuit: In state university professor’s First Amendment retaliation claim, the court held that teaching and academic writing that are performed “pursuant to the official duties” of a teacher and professor are protected by the First Amendment, creating an exception to the Supreme Court’s holding in Garcetti v. Ceballos that, “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline”
- Department of Justice: Notice of Proposed Rulemaking issued for amendments to the Department’s regulations interpreting titles II (public entities) and III (places of public accommodation) of the Americans with Disabilities Act to implement the ADA Amendments Act of 2008; comment deadline March 31, 2014
Thursday, January 30, 2014
- US District Court ME: Magistrate Judge held that plaintiff implicitly waived its right to arbitrate by filing motion to stay court proceeding pending arbitration ten days before the close of discovery
- Maine Superior Court: Opinion denied Maine Correctional Center prisoner’s request for preliminary injunction to receive off-site medical care because prisoner failed to provide expert medical testimony that such care was necessary and 34-A M.R.S. § 3031(2) does not require that a facility provide medical care “that the facility’s treating physician or treating psychiatrist or psychologist determines unnecessary”
- Maine Superior Court: Opinion held that former state employee did not have standing to challenge arbitrator’s decision against her in proceeding brought by her union unless she proved that union breached its duty of fair representation, which she did not do
Wednesday, January 29, 2014
- Seventh Circuit: Creating a split with the First Circuit, the court held that the FMLA applies when an employee requests leave so that she can provide physical and psychological care to a terminally ill parent while that parent is traveling away from home (here to Las Vegas) even for reasons unrelated to medical treatment of the parent’s illnesses
- First Circuit: Affirming summary judgment for employer on claim alleging political discrimination in violation of First Amendment, the court held that employee failed to discredit employer’s proferred nondiscriminatory reasons for alleged harassment of employee
Tuesday, January 28, 2014
- US Supreme Court: The Court held that donning and doffing pieces of protective gear constitutes “changing clothes” and thus could be collectively bargained as being noncompensable time under the Fair Labor Standards Act
- First Circuit: In affirming summary judgment for employer on § 1981 race discrimination claim, the court held that employee failed to rebut employer’s legitimate, nondiscriminatory basis for her termination with evidence of pretext and discriminatory motive and failed to establish a prima-facie case of unlawful retaliation
- US District Court ME: In granting summary judgment for employer on EEOC’s ADA claim, the court held that employee who resigned immediately after employer said it could not provide her with the precise reasonable accommodation she requested of working a predictable day shift failed to engage in good faith in the interactive process and was not constructively discharged
- MHRC: The Commission posted its February 24, 2014, Commission Meeting Agenda
- Bangor Daily: Human rights panel supports Falmouth man’s sexual harassment claim against supervisor
Monday, January 27, 2014
- US District Court ME: Following jury verdict for plaintiffs on unpaid overtime wage claim, judge ruled that defendants’ state director’s interactions with US Department of Labor investigator supported the conclusion that defendants acted in good faith in continuing to treat Adult Foster Care Providers as independent contractors not subject to overtime requirements, rendering defendants exempt from liquidated (double) damages, but the DOL investigator’s statements did not rise to a “written administrative regulation, order, ruling, approval, or interpretation,” which would have provided a complete defense to liability
- Bangor Daily: Presque Isle doctor found negligent in patient’s care
Friday, January 24, 2014
- Law Court: In divided opinion, court held that a landlord’s refusal to rent to a tenant based on its refusal to include a tenancy addendum required by the Section 8 Housing Choice Voucher Program does not constitute unlawful discrimination on the basis of tenant’s status as a public assistance recipient in violation of the Maine Human Rights Act
- Fourth Circuit: In first federal Court of Appeals decision to interpret the “actual-disability” prong of the definition of disability in the ADA, court held that temporary injuries that were expected to heal within a year met the definition
- Bangor Daily: Controversial Maine ‘religious freedom’ bill rejected by legislative committee
- MHRC: Intake walk-in hours noon to 4 PM, Monday through Friday, announced
Wednesday, January 22, 2014
- Maine Legislature: Public hearing scheduled for Tuesday, January 28, 2014, 2:00 PM, Labor Committee, Cross Building, Room 208, on LD 1669, An Act To Standardize and Simplify the Process for Employers To Provide a Drug-free Workplace, which would require the Commissioner of Labor to establish a model drug-testing policy instead of employers drafting their own, remove the requirements that employers provide an employee assistance program and pay for half of rehabilitation beyond services provided through health care benefits, and amend the definition of “probable cause” to provide that a single work-related accident is probable cause to suspect an employee is under the influence of a substance of abuse
- Tenth Circuit: In reversing summary judgment for employer on FMLA and ADA retaliation claim, court held, in part, that showing of differential treatment was sufficient despite some differences in groups of decision makers
- US Supreme Court: SCOTUSblog coverage of Tuesday oral argument in Harris v. Quinn concludes that Justice Scalia, who may end up casting the deciding vote, appeared skeptical that public employee union activity is more about shaping public policy — with implications for the First Amendment — than about the traditional union role of seeking to improve the working conditions of those it represents
- Press Herald: Panel to hear Portland employee’s sexual harassment complaint
- Press Herald: Attorney General’s Office asks to withdraw from Maine whistleblower case
