An investigator with the Maine Human Rights Commission (MHRC) has reportedly found that Kennebec Valley Community Action Program (KVCAP) discriminated against a hearing impaired employee, violating the disability discrimination provisions of the Maine Human Rights Act (MHRA). The hearing impaired employee, Agnes Farnsworth, provided transportation to KVCAP clients, who were…
Last week, the Massachusetts Supreme Judicial Court held for the first time under Massachusetts law that an employer may not discriminate against an employee because of that employee’s association with a disabled person. In Flagg v. Alimed, Inc., Alimed fired Marc Flagg after 18 years of service to the company…
This week, the New England Patriots cut defensive lineman Kyle Love. According to Love’s agent, Richard Kopelman, the Patriots made this decision shortly after Love was diagnosed with Type 2 diabetes. Due to the timing of the Patriots’ decision, many have questioned whether Love’s disability factored into the Patriots’ decision.…
Yesterday, the First Circuit Court of Appeals ruled against Correctional Medical Services, Inc. (“CMS”) in favor of a former employee who alleged that CMS unlawfully retaliated against her. The former employee, Katherine Kelley, began working as a nurse for CMS at the Maine State Prison in the spring of 2007.…
The Maine Human Rights Commission (MHRC) has found that the Waterville Police Department discriminated against Sgt. Jeffrey Bearce when it refused to accommodate medical limitations related to leukemia (a form of cancer). After battling leukemia for about a year, Bearce’s doctor cleared him to return to work in December 2010…
On July 10, 2012, the U.S. District Court of Maine denied Pine State Trading’s motion to dismiss a disability discrimination lawsuit against it. A former Pine State Trading truck driver, David Gilks, filed the lawsuit against Pine State Trading because it decided to fire him rather than accommodate his disabilities.…
As many people know, it is tough to be unemployed and looking for work particularly in times of high unemployment when you have to compete against more people for fewer jobs. For people with disabilities, it can be even more stressful because they are not sure if an employer will…
Yesterday, the U.S. District Court in Bangor refused to dismiss a lawsuit that a group of six former University of Southern Maine employees have brought against the University of Maine System (UMS) and the Chancellor of UMS (the “Defendants”). The former employees, ranging in age from 55 to 65, claim…
Under a Maine statute, employers may pay certain disabled employees less than minimum wage if they receive authorization from the Maine Department of Labor (MDOL). Maine recently amended this statute. Among other things, the amended statute now only requires employers to seek reauthorization to pay a disabled employee subminimum wage…
James White, a former HIV+ employee of Great Expressions Dental, claims that he faced discrimination and harassment after the company learned of his disability. He alleges that, among other things, the company permitted co-workers to follow him around with Lysol, forbade him from touching doorknobs, unfairly disciplined him, and terminated…