maine mandatory training kit

Train

ingK

it

2675 Paces Ferry Road • Suite 470 Atlanta • Georgia 30339Tel: 800.497.7654 • Fax: 770.319.7905 • www.eliinc.com

Does your learning make a difference?®

MaineMandatoryTraining LawSummary

Copyright © January 2009 • All Rights Reserved • Employment Learning Innovations, Inc. • Atlanta, GA

MAINE MANDATORY TRAINING LAW SUMMARY

Does the law apply to my organization?

Maine requires organizations with 15 or more employees to provide sexual harassment prevention training to allemployees within one year of being hired. Managers must receive additional training on their responsibilities to prevent,detect, and correct harassment and discrimination in the workplace. Training is required only one time.

What should the content of the training be?

Training must cover, at a minimum, the following:

• The illegality of sexual harassment

• The definition of sexual harassment under state and federal law

• A description of sexual harassment, utilizing examples

• The internal complaint process available to the employee

• The legal recourse and complaint process available through the State of Maine’s Human Rights Commission, as wellas how to contact the Commission

• The protection against retaliation under state law

• The specific responsibilities of supervisory and managerial employees and the method they must take to ensureimmediate and appropriate corrective action in addressing sexual harassment complaints

How will I deliver the training?After you have determined what your training will consist of, the next obstacle is to figure out how you will deliver thetraining to your managers and supervisors. The training may be deployed in the following ways:

• Instructor-led training

• Online training

• Webinars

How will I document the training?

The state does not provide guidance on what type of documentation should be kept.

Are there other considerations I should take into account?

In many cases, organizations choose to only provide sexual harassment training for their managers in Maine, but thisignores federal law that encourages organizations to provide harassment training to everyone in the organization. Bytraining all your managers, you create a consistent message and minimize risks.

The second mistake organizations frequently make is only providing harassment training to managers and neglecting totrain their employees. Federal law encourages organizations to provide harassment training to all employees.Furthermore, Maine requires that all employees receive training within one year of being hired.



Frequently Asked Questions

Do managers who are outside the state but manage employees in the state have to takemandatory training?There is no direct guidance under Maine law. Federal law, however, encourages organizations to provide harassmenttraining to everyone in the organization.

Are contractors of the company required to take the training?No, they are not.

Are employees required to take the training?Yes. All employees must receive training during the first year of employment. Federal law also encourages organizationsto provide harassment training to all employees.

How often is the mandatory training required?Training is required only once. All employees must be trained within the first year of their employment.

How long must the training be?In Maine, there is no time requirement for the training. It, however, must cover specific content.

Who can deliver the classroom training?Maine does not specify who can provide this training.

What kind of documentation is required for the classroom training?There are no documentation requirements.

What are the additional requirements for webinar/webcast training?There are no additional requirements.






Frequently Asked Questions (continued)

Who can deliver the webinar/webcast training?Maine does not specify who can provide this training.

What documentation is required for the webcast training?There are no documentation requirements.

What are the additional requirements for the online training?There are no additional requirements.

What documentation is required for the online training?There are no documentation requirements.

What remedies exist for a failure to comply with the training requirement?Technically, violation of the law may result in an order issued by the State of Maine’s Human Rights Commission tocomply. In addition and as a practical matter, there are other consequences for failing to provide the required training:

• Sends a message to the workforce that prevention of sexual harassment is not a priority

• Discourages reporting of sexual harassment

• Does not provide alternative avenues for complaint

What are the protected categories in Maine?The Maine Human Rights Act prohibits discrimination and retaliation of applicants and employees based on thefollowing: race, color, sex (including sexual harassment and discrimination based on pregnancy, and medical conditionsresulting from pregnancy), sexual orientation, age, physical or mental disability (including the requirement toaccommodate disabilities), genetic information, religion, ancestry, and/or national origin.



How Can CT Impact®: Managing a Harassment-Free Workplace Help YouComply with Maine’s Mandatory Sexual Harassment Training Laws?CT Impact®: Managing a Harassment-Free Workplace is a two-hour program that gives managers specific skills and toolsthey can apply on the job to prevent, detect, and correct sexual harassment in the workplace. Available in online andclassroom delivery formats, the course is designed to help organizations comply with state laws mandating training onsexual harassment prevention. Using an interactive, skills-based approach, it provides managers with information andpractical guidance on federal and state harassment laws, remedies available to victims, and the roles and responsibilitiesof everyone to maintain a lawful, respectful work environment. The program is specifically designed to incorporate statelegal information, which ELI® can provide to help organizations ensure compliance.

The following overview describes the instructor-led program in more detail:

Introduction (40 minutes)

• Effectively communicating organizational policy

• Organization’s anti-harassment policy

• Where to report instances of sexual harassment

• Roles and responsibilities of the organization, managers, and employees in preventing sexual harassment

• Definition of sexual harassment

• Types of sexual harassment (Quid Pro Quo, Hostile Work Environment)

• Examples of sexual harassment

• Federal and state laws prohibiting sexual harassment

• Strategies to prevent sexual harassment in the workplace

• Applicable federal and state cases

Welcoming Concerns (40 minutes)

• Creating a welcoming environment

• Definition of the workplace environment

• Review of same-sex harassment and application exercise

• Review of third-party harassment and examples

• Organization’s open door policy addressing avenues for employees to speak up about their concerns




How Can CT Impact®: Managing a Harassment-Free Workplace Help YouComply with Maine’s Mandatory Sexual Harassment Training Laws? (continued)

Duty to Act (20 minutes)

• Review of a manager’s duty to act and application exercise

• Federal and state remedies available for sexual harassment

• Overview of retaliation with examples

• Organization’s anti-retaliation policy

• Ways to prevent retaliation in the workplace

• What to do if a supervisor is accused of harassment


Business Decisions (15 minutes)

• Maintaining business relationships with employees

• Romantic relationships in the workplace

• Objective vs. subjective criteria

• Performance management discussions


Concerns Resolved (5 minutes)

• Tips for addressing inappropriate third-party behavior

• Action planning activity

Reference Materials

• Federal and state laws preventing sexual harassment

• Federal and state cases

• Sample sexual harassment policy



How Can Civil Treatment® for Managers Help You Comply with Maine’sMandatory Sexual Harassment Training Laws?

ELI’s Civil Treatment® for Managers program includes more than two hours of sexual harassment content and includessignificant information about federal laws prohibiting harassment, discrimination, and retaliation. If supplemented withsome specific information about Maine law provided in this toolkit in the form of a handout to be used in theclassroom, it can help employers comply with this requirement. The following modules include content addressing thesubjects required under the law:

Introduction (45 minutes)

• Introduction to the workplace environment and Prescriptive Rules®

• Definition of harassment and discrimination

• Risks of inappropriate behavior in the workplace

“Some meeting...” (45 minutes)

• Definition of sexual harassment

• Necessary steps to take to prevent harassment in the workplace

• Employer, manager, and employee responsibilities in minimizing risk of harassment

• Review of organization’s anti-harassment policy and appropriate complaint procedure

“What am I supposed to say?” (40 minutes)

• Definition of sex-based discrimination

• Definition and discussion of retaliation

• How to handle a complaint that is filed against the manager or the organization

“What’s on your mind?” (35 minutes)

• Discussion of a manager’s Duty to Act

• Managers should Get Help from Human Resources

• Organizations have an obligation to investigate complaints of harassment and discrimination



How Can Civil Treatment® for Managers Help You Comply with Maine’sMandatory Sexual Harassment Training Laws? (continued)

AD HOC MODULES

These are optional modules that are included in the course materials and can be added to the Civil Treatment® forManagers program if desired:

“Strictly business.” (20 minutes)

• Risks of engaging in interoffice relationships

• Actions managers should take if they believe a relationship may taint their objectivity

• Preventing perceptions of bias and discrimination in decision-making

In addition to covering the above modules, facilitators should also make sure to cover the following information in thehandouts provided in this toolkit.

• Review the Maine definition of sexual harassment.

• Distribute and discuss the organization’s anti-harassment policy and complaint procedure. If the organization doesnot have a policy available, ELI® has provided a sample policy that can be used during the training session. This istypically covered during the “Some meeting…” module.

• Discuss other forms of harassment and discrimination under both federal and Maine law. This is covered throughoutCivil Treatment® for Managers, but a facilitator should also point participants to the federal and Maine comparisonchart provided in this toolkit.

• The legal recourse and complaint process available through the State of Maine’s Human Rights Commission, as wellas how to contact the Commission. This information can be found on the legal supplement found in this toolkit.

• Discuss the remedies available for sexual harassment claims. This information is provided in the federal and Mainecomparison chart.



Federal and State Laws Prohibiting Harassment

Overview

Sexual harassment violates Title VII of the Civil Rights Act of 1964, a federal law. This statute prohibits harassment,discrimination, and retaliation based on sex, race, religion, national origin, and color.

The Equal Employment Opportunity Commission (EEOC), which enforces the statute, defines sexual harassment1 asunwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature when the following occur:

• Submitting to the conduct is explicitly or implicitly made a condition of employment

• Submitting to or rejecting the conduct becomes the basis for decisions affecting an employee

• Sexual conduct interferes with an individual’s work performance or creates an intimidating, hostile, or offensiveenvironment

Many states, such as Connecticut and Maine, have adopted this definition of sexual harassment. However, Californiastate law expands the federal categories of harassment to include the following2:

• Verbal harassment, including epithets, derogatory comments, or slurs

• Physical harassment, including assault, impeding or blocking movement, or any physical interference with normalwork or movement, when directed at an individual

• Visual harassment, including derogatory posters, cartoons, or drawings

• Sexual favors, including unwanted sexual advances, which condition an employment benefit upon an exchange ofsexual favors

When an employee raises a complaint of sexual harassment or discrimination, managers should let the employee knowhow the complaint will be handled and that the process has limited confidentiality because other departments, such asHuman Resources, may have to be involved. Human Resources or Employee Relations are typically involved becausethey handle investigations in most organizations.When an organization is made aware of potential harassment ordiscrimination, it has a responsibility to investigate the claim and take appropriate action.

129 C.F.R. §1604.11.22 CCR 7287.6


MAINE MANDATORY TRAINING LAW SUMMARYFederal and State Laws Prohibiting Harassment: Maine Law


MAINE MANDATORY TRAINING LAW SUMMARYComparison of United States/Federal and Maine Laws

UNITED STATES/FEDERAL

Title VII of the Civil Rights Act of 1964

Prohibits discrimination and harassment of employees andapplicants based on:

• race• color• sex• religion (including the requirement to accommodate

religious beliefs)• national origin

Prohibits retaliation for exercising rights under the law

Enforcement: Equal Employment Opportunity Commission

Remedies Available: back pay, lost benefits, front pay,compensatory and punitive damages of up to $300,000 peroccurrence of discrimination, and attorneys’ fees and costs.

MAINE

Maine Human Rights Act

Prohibits discrimination and retaliation of applicants andemployees based on:

• race• color• sex (including sexual harassment and discrimination

based on pregnancy, and medical conditions resultingfrom pregnancy)

• sexual orientation• age• physical or mental disability (including the

requirement to accommodate disabilities)• genetic pre-disposition• religion• ancestry• national origin

Sexual harassment is defined consistent with federal law.

Enforcement:Maine Human Rights Commission

Remedies Available: cease and desist orders,reinstatement, back pay, compensatory and punitivedamages (subject to limitations similar to federal law), andattorneys’ fees and costs

Potential criminal liability for assault and battery, inflictionof emotional distress, etc. or civil penalties may also apply.




Pregnancy Discrimination Act (PDA)

Prohibits discrimination and harassment in employmentbased on pregnancy, childbirth and related medicalconditions, and requires equal treatment of pregnantwomen for all purposes, including the provision of benefits.See Title VII for available remedies.

Americans With Disabilities Act (ADA)

Prohibits discrimination and harassment in employmentbased on an actual or perceived disability, or having arecord (past history) of having a disability; a person isdisabled if he or she suffers from a physical or mentalimpairment that substantially limits a major life activity; thelaw requires reasonable accommodation to allow adisabled employee to perform the essential functions of thejob. See Title VII for available remedies.

MAINE

See Maine Human Rights Act (preceding page)

Discrimination is prohibited on the basis of pregnancy andmedical conditions that result from pregnancy. If apregnant woman is able to work, she may not be treateddifferently from any other person able to work unlessbased upon a bona fide occupational qualification. If apregnant woman is unable to work, she may not betreated differently from other employees who are not ableto work due to other disabilities or illness.

The Act does not require an employer to provide sick leave,a leave of absence, medical benefits or other benefits to apregnant woman or a woman experiencing a medicalcondition that results from pregnancy, that it does not alsoprovide to other employees and that it is not otherwiserequired to provide under other state or federal laws.

See Maine Human Rights Act

The Act prohibits discrimination based on an actual orperceived disability, or having a record (past history) ofhaving a disability. The definition of physical or mentaldisability is broader than federal law and includes: (a) aphysical or mental impairment that: (1) substantially limitsone or more of a person’s major life activities; (2)significantly impairs physical or mental health; or (3)requires special education, vocational rehabilitation orrelated services; and (b) absent, artificial or replacementlimbs, hands, feet, or vital organs; alcoholism, amyotrophiclateral sclerosis; bipolar disorder; blindness or abnormalvision loss; cancer; cerebral palsy; chronic obstructivepulmonary disease; Crohn’s disease; cystic fibrosis, deafnessor abnormal hearing loss; diabetes; substantialdisfigurement; epilepsy, heart disease, HIV or AIDS, kidneyor renal diseases; lupus; major depressive disorder;mastectomy; mental retardation; multiple sclerosis;muscular dystrophy; paralysis; Parkinson’s disease;pervasive developmental disorders; rheumatoid arthritis;schizophrenia; and acquired brain injury.

Further, unlike federal law, the existence of a physical ormental disability is determined without regard to theameliorative effects of mitigating measures such asmedication, auxiliary aids or prosthetic devices.




Age Discrimination in Employment Act (ADEA)

Prohibits discrimination and harassment based on age (40and over).

Remedies Available: back pay, front pay, lost benefits,liquidated damages equal to the amount of back pay,attorneys’ fees

Equal Pay Act (EPA)

Requires equal pay for men and women for equal work.

Family and Medical Leave Act (FMLA)

Requires employers to provide up to 12 weeks of unpaidleave during a 12-month period for:

• birth, adoption, or foster placement of a child• care for child, parent, or spouse with a serious health

condition• the employee’s own serious health condition

Leave may be taken intermittently or on a reduced workschedule. Employees must be reinstated to the same job atthe same pay after the leave is over.

Employees may elect or employers may require thesubstitution of available paid leave for FMLA leave.

MAINE

See Maine Human Rights Act

Prohibits discrimination based on age. Unlike federal law,the Act does not limit discrimination to those ages 40 andover. Further, the Act prohibits employers from requiringemployees to retire at or before a specified age or aftercompletion of a specified number of years of service.

Equal Pay

Prohibits the payment of a lower rate to one gender thanto the other for equal work.

Family and Medical Leave

Requires employers to provide up to 10 weeks of unpaidleave during a 2 year period for:

• the birth of a child;• the adoption of a child 16 years of age or less;• the employee’s own serious health condition;• to care for a child, parent or spouse with a serious

health condition;• to donate an organ for a human organ transplant.

If an employer provides paid family medical leave for fewerthan 10 weeks, the additional weeks of leave added toattain the total of 10 weeks required may be unpaid.Employees must be reinstated to their same position or toan equivalent position after the paid leave is over.



Sample Sexual Harassment and Discrimination Policy

DiscriminationThis organization is an equal opportunity employer. The organization will not discriminate in regard to any term,condition, or privilege of employment against any employee or job applicant on the bases of race, color, religion, sex,national origin, disability, age, or any other legally protected characteristic.

HarassmentThe organization is committed to providing a work environment that is free from unlawful harassment. Harassmentbased upon an individual's race, religion, sex, national origin, disability, age, or any other legally protected characteristicswill not be tolerated. All employees, including supervisors and other management personnel, are expected and requiredto abide by this policy.

RetaliationNo person will be adversely affected in employment with the organization as a result of bringing a good faith complaintof unlawful harassment or discrimination, or participating in good faith in an investigation under this policy.

Sexual HarassmentSexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physicalconduct of a sexual nature. This behavior constitutes harassment when (1) submission to or rejection of such conduct ismade either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection ofsuch conduct by an individual is used as the basis for decisions about employment, promotion, transfer, selection fortraining, performance evaluations, benefits, or other terms and conditions of employment; or (3) such conduct has thepurpose or effect of creating an intimidating, hostile, or offensive work environment or substantially interferes with anemployee's work performance. This definition includes many forms of offensive behavior and includes gender-basedharassment of a person of the same sex as the harasser. The following is a partial list of violations:

• Unwanted sexual advances

• Offering employment benefits in exchange for sexual favors

• Threatening reprisals after a negative response to sexual advances

• Leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoon, or posters

• Making or using derogatory comments, epithets, slurs, or jokes

• Inappropriate touching or assault



Sample Sexual Harassment and Discrimination Policy (continued)

Reporting ProcedureIf an employee feels that he or she has been harassed on the basis of his or her race, color, religion, sex, national origin,or any other legally protected characteristic, the employee should immediately report the matter to his or her supervisor.

Managers who receive a complaint of harassment or discrimination, or have reason to know that behavior which mightconstitute prohibited harassment or discrimination is occurring, must immediately report the matter to Human Resourcesand/or the EEO Office.

If the employee’s supervisor is not available, or if the employee is uncomfortable speaking with his or her manager, theemployee should immediately contact Human Resources and/or the EEO Office. Once the matter has been reported, itwill be promptly investigated, and any necessary corrective action will be taken where appropriate. All complaints ofunlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances.

The organization takes all allegations of harassment and discrimination seriously. Accordingly, if the organization findsan employee has knowingly and willingly filed a false claim of harassment or discrimination, the organization will takedisciplinary action against the employee, up to and including termination.



Federal Cases

Supreme Court Establishes Affirmative Defense

A lifeguard prevailed on her sexual harassment complaint against her employer even though she did not report theharassment. The lifeguard contended she was subjected to a sexually hostile work environment when her supervisorsengaged in activities such as touching the lifeguard’s buttock, commenting on her shape, suggesting the lifeguardsubmit to a sexual relationship, and making other and numerous sexual comments. The Court recognized that anemployer may avoid liability for sexual harassment that does not result in a tangible employment action if it can showthat it exercised reasonable care to prevent and promptly correct sexually harassing behavior and that the employeefailed to take advantage of any preventive or corrective opportunities provided by the employer. In this case, however,the Court found the employer had not exercised reasonable care to prevent the supervisor’s harassing conduct becauseit had not disseminated its sexual harassment policy to lifeguards, the policy did not provide a reporting mechanism tobypass the offending supervisors, and the employer failed to keep track of the conduct of its supervisors.

Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998).

A female salesperson resigned and sued her employer for sexual harassment. The plaintiff alleged that on threeoccasions a supervisor threatened to make her life harder if she did not succumb to his sexual advances. The plaintiffrefused the supervisor’s advances, but the supervisor did not follow through on his threats. Although the plaintiff wasaware of the company’s policy against sexual harassment, she did not report the harassment until three weeks after sheresigned. The Court found that an employer can be liable for a hostile work environment where a supervisor makesexplicit threats to alter a subordinate’s terms or conditions of employment, but does not fulfill the threats. However, as inthe Faragher case, the Court found that such an employer may avoid liability if it can show that it exercised reasonablecare to prevent and promptly correct sexually harassing behavior and that the employee failed to take advantage of anypreventive or corrective opportunities provided by the employer. The Courtremanded the case to the trial court for a determination as to whether the employer could avoid liability by proving theaffirmative defense.

Burlington Industries, Inc. v. Ellerth, 118 S.Ct. 2257 (1998).



Federal Cases (continued)

Sexual Harassment Case Results in ReasonableWoman Standard

A woman who worked for the Internal Revenue Service alleged a co-worker sexually harassed her by repeatedly asking herout for lunch and writing her notes that she found shocking and frightening. In determining whether the co-worker’sconduct was sufficiently severe or pervasive to alter the conditions of the woman’s employment and create an abusiveworking environment, the Court determined that the co-worker’s conduct must be judged from the viewpoint of areasonable third person who shares the same gender characteristic of the plaintiff – in this case, a reasonable woman. Inestablishing the “reasonable woman” standard, the Court recognized that there are differences between the sexes in howthe co-worker’s conduct would be perceived. The Court found it most appropriate to view the conduct as would areasonable person of the same gender of the plaintiff.

Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991).




Jury Finds for Plaintiff in HostileWork Environment Case

A female school bus driver was sexually harassed by her male supervisor over a period of six months. In one instance, thesupervisor handed her his pubic hairs.As a result of the harassment, the plaintiff suffered psychological problems for thenext year and a half.

The plaintiff brought a hostile environment sexual harassment lawsuit against the school district and her supervisor.A juryfound that the plaintiff had been subjected to a sexually hostile work environment. The jury awarded the plaintiff $400,000in compensatory damages and $32,500 in punitive damages.An appeals court later upheld the award.

Sornia v. El Centro Elementary School, 2008 U.S.App. LEXIS 8345 (9th Cir. 2008).

Female EmployeeWins Sexual Harassment and Retaliation Lawsuit

A female plaintiff was sexually harassed by her supervisor, an operations manager. The plaintiff alleges that at weekly workmeetings the supervisor kissed her and asked her questions of a sexual nature. She also alleges that she was treatedunfavorably after rejecting his advances. For example, she was denied days off, experienced delays in receiving herpaycheck, and had her shift changed to a less desirable time. The plaintiff complained to her supervisor and an upper levelmanager. The upper level manager reportedly told her, “Do you want really to do this? Because you’re going to get [thesupervisor] in trouble.”

The plaintiff filed a sexual harassment and retaliation lawsuit against her employer. The jury found for the plaintiff andawarded her $3 million, which the court reduced to $850,000 due to statutory caps on certain kinds of damages.

Alvarado v. Fed. Express Corp., 2008 U.S. Dist. LEXIS 21269 (N.D. Cal. 2008).




Employer Found Liable for Harassment and Retaliation

A female bar manager at a hotel was sexually harassed by her direct supervisor, who was the hotel’s general manager,throughout her employment. The sexual harassment included comments by the general manager about his and theplaintiff’s bodies, details of his sexual escapades with other women, and descriptions of his pornography collection. Thegeneral manager also touched and grabbed the plaintiff’s hips, genital area, and breasts. He even sexually propositionedher during work hours. The plaintiff eventually complained of sexual harassment to the owner/operator of the hotel, whodid not investigate the complaint and took no action to stop the harassment. Finally, the general manager terminated theplaintiff’s employment on Christmas Eve because she would not succumb to his propositions.

The plaintiff sued the hotel for a variety of reasons, including sexual harassment and retaliation. The court found that theemployer was liable and awarded the plaintiff around $268,000 in damages and attorney’s fees.

Merrifield v. Miner’s Inn Rest. & Lounge, 2006 U.S. Dist. LEXIS 68841 (E.D. Cal. 2006).

Police Officer Awarded Over $1 Million After Complaints Ignored

A police officer in Puerto Rico was awarded more than $1 million by a federal jury based on her claims that she wassubjected to sexual harassment, retaliation, and violation of due process. The officer claimed that she was sexually harassedby a fellow officer.Although her initial report stopped the harassment briefly, subsequent reports resulted in continuedinappropriate conduct and retaliation, including reassignment to less favorable posts and threats of being laid off. The juryaward included compensatory damages under federal law of $250,000 and compensatory damages under state law of$250,000, plus damages against the individual alleged harasser of $80,000. Under state law, the compensatory damageswere doubled to raise the total amount to just over $1 million. The officer was also reinstated to her former position. Thejury award was affirmed on appeal by the United States Court of Appeals for the First Circuit.

Valentin-Almeya v. Municipality of Aguadilla, 447 F.3d 85 (1st Cir. 2006).




Employer Retaliates Against Plaintiff for Participating in a Discrimination Claim

A male police officer worked for the same department for over 30 years.At one point, he made a written complaint aboutnumerous problems he perceived within the police department, including his allegation that coworkers were sexuallyharassing a female officer. Several years later, the female officer filed a sexual harassment lawsuit against the policedepartment. The plaintiff sent the female officer a copy of the written complaint he made about the harassment. The femaleofficer then submitted the plaintiff’s complaint as evidence at a hearing held by the state commission investigating thelawsuit. Shortly after the hearing, the plaintiff was reassigned to a different position. The new position involved lesscompensation and no supervisory responsibility. The police department eventually placed the plaintiff on administrativeleave.

The plaintiff filed a lawsuit claiming that the police department retaliated against him because of his participation in anemployment discrimination claim. The jury agreed and awarded him $300,000 for lost wages and emotional distress.

McDonough v. City of Quincy, 452 F.3d 8 (1st Cir. 2006).

Plaintiff Fired After Filing Sexual Harassment Claim Against Supervisor

A female account manager at a consulting firm was repeatedly harassed by her male supervisor. For example, hersupervisor invited her to his home and to join him on vacations. He also gave her jewelry, in violation of a company policyagainst such gifts. He spent excessive amounts of time in her office watching her work and once arranged an “urgent”early-morning meeting with her but then could not explain the reason for the meeting.

The plaintiff complained to upper management about the harassment. The company launched an investigation, pursuant towhich it contacted the supervisor. The supervisor then attempted to contact the plaintiff directly. The company eventuallycalled a meeting between the plaintiff and her supervisor, as well as other employees, to discuss the plaintiff’s allegations.The plaintiff refused to attend a meeting with the supervisor, and the company terminated her employment forinsubordination. The plaintiff brought a lawsuit against her employer claiming she was retaliated against because of hersexual harassment complaint. The jury found for the plaintiff on her retaliation claim and awarded her over $77,000.

Pappas v.WatsonWyatt & Co., 2008 U.S. Dist. LEXIS 21996 (D. Conn. 2008).



Maine State Court Case

Single Act of Harassment Enough for HostileWork Environment Claim

The Supreme Court of Maine upheld a judgment for a plaintiff who alleged a hostile work environment based upon a singleact of harassment. The plaintiff worked as an administrative assistant in an office with only one supervisor. The plaintiff’ssupervisor was aware that the plaintiff was experiencing financial difficulties as a result of a separation from her husband.The plaintiff claimed her supervisor offered her money in exchange for sex. She resigned from the company after this offer.The employer had no policy regarding sex harassment and no complaint procedure. The Court found these facts sufficient tosupport an award to the plaintiff of back pay, attorneys’ fees, and $1,000.

Nadeau v. Rainbow Rugs, Inc., 675 A.2d 973 (ME 1996).

maine mandatory training kit

Education