Maine
Quick Hit: Maine Liability for Sexual Harassment – WorkersCompensation.com
Augusta, ME (WorkersCompensation.com) — If you’re thinking about torts and on-the-job injuries, you’re probably also thinking about exclusive remedy rules in most states.
What an exclusive remedy rule does is prevent someone from suing for a work-related injury, since the “grand bargain” is that such an injury would be covered by workers’ compensation.
However, there are always exceptions to rules, and in Maine one of those exceptions applies to sexual harassment an employee experiences on the job.
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So, here’s the rule:
+ An employee, supervisor, officer, or director of an employer is liable for: 1) sexual harassment; 2) sexual assault; or 3) an intentional tort related to sexual harassment or sexual assault.
But what about the employer?
Maine law states that the sexual harassment by an employee does not impose liability on the employer. However, employees might have recourse against employers under civil rights laws and may consider brining an action alleging employment discrimination under the Maine Human Rights Act or Title VII of the federal Civil Rights Act of 1964.
Workers’ Comp 101: In Knox v. Combined Ins. Co. of America, 542 A.2d 363 (Me. 1988), an employee sued her employer for mental injuries caused by sexual harassment committed upon her by her supervisor. Maine’s top court sent back the decision of the lower court, which held that sexual harassment was not covered by the state’s Workers’ Compensation Act and thus could not be subject to the act’s exclusivity bar. Instead, the Supreme Judicial Court of Maine reasoned, “Injuries resulting from acts of sexual harassment are not excluded from the Act’s coverage solely because of the sexual nature of the harassment.”
In the court’s view, sexual harassment was indistinguishable from other types of assault as far as workers’ compensation law was concerned, but the connection between work and the injury had to be fleshed out at trial.
“Like other assaults, sexual assaults constitute a violent invasion of a person’s bodily integrity, and under the right set of facts, mental or physical injuries from a sexual assault could be compensable injuries under the Act,” the court wrote. “Although claims for an employee’s injuries resulting from sexual assaults and sexual harassment by a supervisor may be compensable under the Act, depending on whether there is a sufficient relationship between the injury and the employment so as to make the injury arise out of and in the course of the employment, that uniquely factual determination must be made by the trial court.”
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Maine
Search widens for stolen antique truck last spotted entering Maine, police say
PORTLAND (WGME) – Maine State Police are helping Massachusetts police find a stolen antique truck last seen in Maine.
Police say the truck was stolen out of Ashland, Massachusetts, and was last seen towed into Maine on I-96 on Friday, January 23.
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If you think you’ve seen the truck or know where it is, you’re encouraged to call 508-395-4526.
Maine
Susan Collins says ICE surge in Maine has ended
Republican U.S. Sen. Susan Collins says “enhanced” operations by Immigration and Custom Enforcement in Maine have ended.
In a news release, Collins says Department of Homeland Security Secretary Kristi Noem told her that the surge of ICE agents that began recently is over and that the agency will continue “normal operations that have been ongoing for many years.”
“While the Department of Homeland Security does not confirm law enforcement operations, I can report that Secretary Noem has informed me that ICE has ended its enhanced activities in the State of Maine,” Collins said in the release. “There are currently no ongoing or planned large-scale ICE operations here.”
The announcement comes after Collins asked Noem earlier this week to pause its surge in Maine and Minnesota, saying both operations were too sweeping and indiscriminate.
Collins told Maine Public on Wednesday that she had received multiple calls from constituents expressing fear and anger about the ICE operation because it was sweeping up people who are here legally.
ICE’s surge has prompted fierce backlash over its tactics and conduct, which resulted in two agents shooting and killing two U.S. citizens protesting and monitoring its activities in Minnesota.
Noem has been heavily criticized for her role in those operations and her characterization of those who were killed by ICE agents. Last weekend’s killing of Alex Pretti has intensified that criticism and congressional Democrats have called for Noem’s impeachment. Two Republican U.S. Sens. Thom Tillis, of North Carolina, and Lisa Murkowski, of Alaska, have also called for her removal.
The backlash has also prompted calls from Democrats to halt funding to DHS, the umbrella agency for ICE, until more accountability measures are put in place. Collins, the leading Republican on the Senate budget committee, has said she’s open to new proposals, but does not support halting funding for the agency because it also includes the Federal Emergency Management Agency and the U.S. Coast Guard.
The controversy over the surge of ICE agents has also become a significant factor in Collins’ re-election bid. The two leading Democrats vying to replace her, Gov. Janet Mills and Graham Platner, have heavily criticized Collins for not doing enough to curtail the operations and her support for continuing funding for DHS.
Collins’ announcement about ICE operations in Maine was followed by an announcement by White House border czar Tom Homan that the agency would decrease the force deployed to Minnesota as long as officials there cooperate to assist in the apprehension of illegal immigrants with criminal records. Homan said much of that cooperation centers on jails and working with ICE to apprehend illegal immigrants there rather than on the streets.
“More (agents) in the jail means less people in the streets,” he said.
Homan was dispatched to Minnesota to take over operations after ICE agents shot and killed Pretti. He said during a press conference Thursday that operations will target illegal immigrants with criminal records.
Homan was asked about a force drawdown in Maine, but he did not directly answer.
DHS did not immediately respond to a request to confirm Collins’ announcement. The agency has not said how many additional agents it has deployed to Maine during the surge and it’s unclear how many operate here during normal operations.
The agency has previously said that 200 arrests have been made in Maine and that it had more than 1,400 individuals targeted for detainment.
U.S. Rep. Chellie Pingree, D-Maine, said in a statement that she could not independently confirm the end of the surge, citing the lack of information from DHS and Noem.
“If these enhanced operations have in fact ceased, that may reduce the visible federal presence in our state,” she said. “But I think it is important that people understand what we saw during this operation: individuals who are legally allowed to be in the United States, whether by lawful presence or an authorized period of stay, following the rules, and being detained anyway.”
She added, “That is not limited to this one operation. That has been the pattern of this Administration’s immigration enforcement over the past year, and there is no indication that policy has changed.”
Maine
Food pantries in Maine report fewer clients amid ongoing ICE operations
WESTBROOK (WGME) — As federal ICE operations intensify across Maine, many in immigrant communities are reportedly staying home from work and school and even from public spaces like grocery stores or food pantries.
In response, several food pantries and nonprofits are stepping up to fill the gap.
According to the Department of Homeland Security, more than 200 people have been arrested by ICE in Maine over the past week and a half. This has led to a significant decline in attendance at food pantries across the state, as many people are too fearful to leave their homes.
“The asylum seekers here in the area are scared and they’re hunkering down. They’re not coming out,” Saco Food Pantry Board Member Sheldon Nightingale said.
The Saco Food Pantry typically provides food to nearly 1,000 people in the community monthly.
“Our immigrant community is not coming out right now. We have partnered with a couple of organizations to help out, if need be,” Nightingale said.
Several food pantries in Lewiston are also delivering food to those too afraid to leave home.
“Our business is to give out food and to help people who are in need and food insecure, and we intend to do that anyway we can,” Nightingale said.
In Westbrook, one business is working to ensure no one goes hungry.
“Right now, that’s taking donations to help feed families that are concerned about the ICE presence here in Westbrook,” The Daily Grind Senior Barista Mackenzie Bearor said.
The Daily Grind Westbrook
State Rep. Sue Salisbury of Westbrook and her husband Joe are feeding families through their mobile food pantry and raising money at their coffee shop, The Daily Grind.
They report having helped more than 100 families since the ICE surge in Maine.
“People are afraid to leave their homes, so we are just trying to make sure they stay fed and get the food that they need,” Bearor said.
Pantry officials urge anyone in need of food to contact their local food pantry.
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