State and Federal laws prohibit discrimination in hiring. Illegal discrimination occurs when an employer fails to hire due to a job applicant’s age, race, national origin, religion, gender, sexual orientation, disabilities, and other protected traits. Discrimination during the hiring process can often be subtle or overlooked. Employees should be concerned…
Maine Employment Lawyer Blog
NLRB finds Maine Coast Memorial Hospital and Northern Light violated employee’s rights under the National Labor Relations Act
On March 30, 2020 the National Labor Relations Board (“NLRB”) affirmed the conclusion of a NLRB Administrative Law Judge that Maine Coast Memorial Hospital (“MCMH”) discriminated against Karen Jo Young in violation of the National Labor Relations Act (“NLRA”) when it terminated her for writing a letter to the editor…
Time’s Up on Sexual Harassment in the Restaurant Industry
Sexual Harassment is a major problem in the restaurant industry. According to a recent study, as many as 90% of women and 70% of men working in the Restaurant industry have experienced some form of sexual harassment. In the U.S., more sexual harassment claims are filed in the restaurant industry…
Maine minimum wage continues to gradually increase
On January 1, 2019, Maine’s minimum wage increased from $10 an hour to $11 an hour. The change reflects the gradually increasing minimum wage approved by voters in 2016 in a citizen’s referendum, which raised Maine’s minimum wage from $7.50 to $9 an hour in 2017; $10 an hour in…
Criminal justice reform will help workers
The effects of an arrest for a nonviolent crime can be a far reaching and lead to an ongoing stain on a person’s record. A Google search will often reveal past arrests for a nonviolent crime and this information to anyone for years following the arrest. The resulting discrimination can…
NH enacts prohibition on gender identity discrimination
This year New Hampshire amended its anti-discrimination laws to include “gender identity” as a protected class. In doing so, New Hampshire has made it unlawful to discriminate against an employee due to their gender identity. Under this new law, “gender identity” is defined as “a person’s gender-related identity, appearance, or…
MERG persuades Court to rebuff healthcare provider’s efforts to limit discovery in FCA case
The U.S. District Court of Maine has ordered AB Home Health Care (“AB Home”) to produce additional documents and communications that AB Home sought to shield from discovery in a False Claims Act (“FCA”) lawsuit the Maine Employee Rights Group (“MERG”) filed against it. The Complaint in this FCA lawsuit…
Paid sick leave on top of the agenda for Maine workers’ rights advocates
Workers’ rights advocates in Maine have focused their attention on paid sick leave. The Portland City Council is currently considering legislation proposed by the Maine Women’s Lobby and Southern Maine Worker’s Center which would require employers to give all employees paid sick time. The new law would require Portland businesses…
Health Care Company Fires Employees with Disabilities and Pregnant Employees
In Buffalo N.Y. a small group of nursing and health care facilities, Absolut Care LLC, will pay $465,000 to settle a pregnancy and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The suit charges Absolut Care with failing to accommodate disabled workers, denying leave as an…
A.I. does not remove discriminatory bias from the hiring process
The news organization Reuters recently reported on an Amazon HR project to develop artificial intelligence to screen job applicants’ resumes. Amazon wanted a computer to use an algorithm to select the top five applicants from a pool of hundreds. What it found, however, is that the algorithm disproportionately screened out…