The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with up to 12 weeks of leave per year for certain qualifying reasons, like a serious health condition or the birth of a child. For employees who need to take all, or close to all,…
Maine Employment Lawyer Blog
Court upholds jury verdict against company that fired employee because she needed leave from work to care for autistic son
Earlier this week, the U.S. Seventh Circuit Court of Appeals upheld a jury verdict against a company that fired an employee, Tracy Wink, because she needed leave to care for her autistic son. The jury found that Wink’s termination violated the Family and Medical Leave Act (FMLA). Wink had to…
EEOC issues new guidance for workers with mental health conditions
The U.S. Equal Employment Opportunity Commission recently issued new guidance for workers with mental health conditions like PTSD and depression. The guidance discusses how the Americans with Disabilities Act (ADA) protects workers with mental health conditions and what the ADA requires employers to do to accommodate workers with mental health…
First Circuit: Boston P.D.’s testing of hair for drugs might have unlawful disparate impact against black people
Yesterday, the U.S. First Circuit Court of Appeals, which covers Maine and other New England states, ruled against the Boston Police Department (BPD) in a race discrimination case. The plaintiffs in the case allege that BPD’s use of a hair test to detect drug use has an unlawful disparate impact…
New minimum wage and overtime requirements going into effect in Maine
There are going to be changes to Maine’s wage and hour laws in 2017. Starting on January 7, 2017, the minimum wage in Maine will rise to $9 per hour and it will rise each year until it reaches $12 per hour in 2020. (The wages for tipped employees are…
Sexual orientation discrimination suit against Walmart settled
A class action against Walmart that we previously reported about has settled. The case involved Walmart’s refusal to provide health insurance to spouses of gay and lesbian employees. Walmart began providing health insurance to the spouses of gay and lesbian employees in 2014 but continued to maintain that the law…
Bangor Jury Finds Assisted Living Facility Discriminated Against Employee
After a three day jury trial, a Bangor jury found that Woodlands Senior Living of Brewer (“Woodlands”) violated the Americans with Disabilities Act, the Rehabilitation Act, the Family Medical Leave Act, and the Maine Family Medical Leave Requirements and awarded the plaintiff, Christy Dorr, of Milford, $15,000 for her lost…
Lawsuit against MA State Police alleges pattern of discrimination against women and minorities
Four current and former Massachusetts State Police troopers have sued the Massachusetts State Police for allegedly engaging in a pattern of discrimination against women and minorities. The four named plaintiffs are three women and one black man. Their lawsuit alleges that the Massachusetts State Police discriminates against women and minorities…
Age discrimination against millennial Mainers is illegal
Recently, there have been articles written about how millennials face employment discrimination because of their age. Some examples are here, here, and here. Millennials face discriminatory stereotypes such as that they are unpredictable or do not have a strong work ethic. Employers who engage in this sort of discrimination are…
CT federal court: jury could reasonably find that school district discriminated against teacher because of her sexual orientation
Earlier this month a federal court in Connecticut determined that a jury could reasonably find that the Hartford School District unlawfully discriminated against a teacher because of her sexual orientation. The teacher (who is the plaintiff in the lawsuit) and her female spouse both worked for the same school. After…