Today, the Maine Legislature’s Labor, Commerce, Research and Economic Development Committee voted down so-called “right to work” bills that would hamper unions’ ability to advocate for Maine workers. The bills would permit employees, both public and private, to reap the benefits that unions obtain for them without requiring them to…
Maine Employment Lawyer Blog
First Circuit affirms jury verdict against Boy Scouts in religion, national origin discrimination case
On March 22, 2013, the First Circuit Court of Appeals rejected the Mohegan Council of the Boy Scouts of America’s appeal that it filed following a trial in which a jury found that it discriminated against a former employee on the basis of his religion and national origin. The former…
Maine and other states considering bills that would require employers to accommodate pregnant workers
The Maine legislature is currently considering a bill that would require employers to provide reasonable accommodations to pregnant women so that they can continue to perform their jobs despite medical restrictions due to pregnancy. Under current law, employers cannot discriminate against pregnant women because they are pregnant. But if, for…
Maine legislature considering hike in minimum wage
Rep. Scott Hamann, D-South Portland, has introduced a bill that would raise the minimum wage in Maine from $7.50/hr to $8.50/hr. The bill would also require the minimum wage to rise on an annual basis at the same rate as inflation. Maine’s AFL-CIO as well as other unions favor the…
Congress considering problem of discrimination against National Guard members and Reservists
Yesterday, the House and Senate Veterans’ affairs committees held a hearing regarding the problem of employment discrimination against National Guard and military Reserve members. The President of the National Guard Association of the United States, Ret. Army Maj. Gen. Gus Hargett, told the members of the committees that he believes…
Does Maine need a law against workplace bullying?
In many states around the country, state legislators are discussing and debating whether to enact laws that prohibit workplace bullying. These laws would, for instance, make it illegal for an employer to sit on its hands and do nothing if an employee physically assaulted a co-worker. Laws against workplace bullying…
States considering laws to prohibit discrimination on the basis of credit history
Nebraska is the latest state to debate a bill that would prohibit employers from discriminating against applicants on the basis of their credit history. Massachusetts, Rhode Island, and Vermont already have similar bans on employers using credit histories during the hiring process except with respect to certain types of jobs,…
Adecco sued for violating Maine’s medical marijuana law
The American Civil Liberties Union (“ACLU”) of Maine has sued Adecco on behalf of a woman from Pittsfield named Brittany Thomas. According to the lawsuit, Ms. Thomas applied for a job with Adecco and failed its drug test because she uses medicinal marijuana. Although just 24 years old, Ms. Thomas…
First Circuit finds against medical service provider for Maine State Prison
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.…
First Circuit rules against University of Puerto Rico in sexual harassment case
The U.S. First Circuit Court of Appeals, which, in addition to Maine and other New England states, has jurisdiction over Puerto Rico, ruled today that a reasonable jury could determine that the University of Puerto Rico unlawfully subjected a former employee to sexual harassment. The former employee, Dr. Melissa Gerald,…