Historically, Falmouth, Cumberland, and Yarmouth were fishing and farming villages. Now they are known as the scenic suburbs north of Portland with their seaside estates, high quality school systems, and vast preserved open spaces and farmland. Among Falmouth’s open spaces are Mackworth Island, a 100-acre state preserve which is also the site of the Baxter School for the Deaf, and Gilsland Farm, headquarters of the Maine Audobon Society, a 60-acre sanctuary of fields, woods, and marsh bordering the Presumpscot River. Yarmouth is known for the Yarmouth Clam Festival which takes place every July. Cumberland hosts the Cumberland Fair, one of the state’s largest agricultural fairs, every September.
Maine Employee Rights Group represents Falmouth-Yarmouth-Cumberland employees in all types of employment discrimination litigation. Examples of cases we have recently handled are:
Disability Discrimination and Family Medical Leave Act ViolationOur firm represented an employee of a social services organization who fostered children with special needs in her home and was terminated after needing medical leave for invasive abdominal surgery. The organization terminated our client prior to the expiration of her Family Medical Leave, claiming that her medical restriction against performing therapeutic restraints on foster children in her care rendered her unable to perform the essential functions of her job as a foster parent. Once this restriction was lifted, our client reapplied, but the organization refused to rehire her. We filed suit in federal court alleging disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act, Maine Human Rights Act, and Rehabilitation Act, a federal law that applies to private employers that receive assistance from the federal government, as well as the Family Medical Leave Act. After defeating the employer’s attempts to get the case dismissed, the case settled on the eve of trial.
Sexual Harassment/RetaliationWe represented a housekeeper at a nursing home who was sexually harassed by her male supervisor and a male coworker. On a regular basis, the perpetrators subjected our client to unwelcome and offensive remarks about her body and descriptions of various sexual acts they wanted to perform on her. On one occasion, the supervisor exposed himself to her at work. Our client promptly reported this severe and pervasive harassment to upper management, which not only failed to correct and prevent the harassment by taking appropriate disciplinary action against the perpetrators, it retaliated against our client for reporting the harassment by demoting her. After she complained, one of the perpetrators physically assaulted her at work, and still nothing was done, leaving her no choice but to resign. We filed a Charge of Discrimination with the Maine Human Rights Commission and Equal Opportunity Commission and obtained affidavits from coworkers who witnessed the harassment. The case resulted in a monetary settlement to our client shortly after we filed the Charge.
If you have been terminated because of your disability or need for medical leave for a serious health condition, or if you have been sexually harassed at work, call Maine Employee Rights Group today, 207.874.0905, for a consultation with one of our skilled attorneys.