Now that I have your attention, let’s discuss a recent First Circuit decision interpreting when there’s a hostile work environment and who’s liable for it under the Maine Human Rights Act. Roy v. Correct Care Solutions, No. 18-1313 (1st Cir. 2019). Judge Lynch, writing for co-panelists Judges Stahl and Barron, issued a thorough decision vacating summary judgment in favor of the employer issued by District Court Judge Levy.
The facts are set out in detail describing the claims of the plaintiff, a nurse, employed by a company at the Maine Department of Corrections prison, alleging discrimination, sexual harassment and retaliation. Title VII claims accompanied her suit under sections 4633 and 4572 of the MHRA. The Court of Appeals affirmed dismissal of civil rights claims against the warden and deputy warden but vacated judgment in favor of the other defendants.
Some salient legal takeaways include:
- The holding that section 4633 of the MHRA applies to individual persons