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
Former police recruit sues Maine Criminal Justice Academy
A former police recruit is suing the Maine Criminal Justice Academy for removing him and revoking his certification after he was accused of groping a female cadet during a training exercise in 2024.
The lawsuit was filed Thursday in U.S. District Court in Bangor on behalf of Lincoln resident David Peters, a former part-time officer who was pursuing credentials to be a full-time law enforcement officer at the Maine Criminal Justice Academy in Vassalboro in 2024.
During a training session that Oct. 29, Peters and other cadets were pepper-sprayed and then required to perform various tasks, according to the lawsuit, including performing knee strikes, reciting an oath, and searching and handcuffing fellow trainees.
Peters was searching a female cadet and allegedly dragged his hands up her legs, grabbed her breasts and had moved his hands to her groin and buttocks, according to accounts by the cadet included in the lawsuit.
Peters thought he was searching a male cadet due to the effects of the pepper spray, which included visual impairment, the lawsuit states. The lawsuit argues he followed a “standard male-subject search sequence.”
The lawsuit says that the female cadet, who was wearing shorts and a T-shirt, described the encounter as “incidental” and “incident to the training exercise” to others afterward, but upon reflection reported it to authorities the following day.
A review by the academy’s board stated that Peters’ conduct “constituted the Class D crime of assault” and that he engaged in “physical sexual harassment,” according to the lawsuit. Peters, who served as a part-time police officer in a number of Penobscot and Piscataquis county towns beginning in 2007, had his certifications revoked by the board in November.
However, Peters was never charged with a crime and should not have had his certifications revoked, the lawsuit argues, saying those claims “are constitutionally invalid.”
Peters is seeking to have the academy’s claims of the alleged “Class D crime” expunged from his record, according to the lawsuit, as well as for the restoration of his certifications and compensatory and punitive damages.
A dozen defendants are named in the lawsuit, including academy board members, administrators and other staff, in addition to 10 “John and Jane Does.”
A spokesperson for the Maine Department of Public Safety did not respond to a request for comment Monday night. Walter Foster, Peters’ attorney, was unavailable to speak Monday night.
Peters completed preservice school and was issued a certificate that made him eligible for part-time law enforcement work in 2007, according to the lawsuit. Since then, Peters has served with police departments in Lincoln, East Millinocket, Brownville and Milo. He also served with the University of Maine police department.
In 2014, Peters completed a training program to become a corrections officer, according to the lawsuit, and was employed by the Mountain View Youth Development Center from 2014 to 2017, and the Mountain View Correctional Facility from 2017 to 2022.
Maine
When it comes to emergency shelter, Maine has a choice to make | Opinion
Katie Spencer-White is president and CEO of Mid-Maine Homeless Shelter & Services.
Back in January, like emergency shelter directors across the state, I fielded calls
from police and fire chiefs, civic leaders and concerned community members, all of whom were deeply worried about a severe drop in temperature that was anticipated, compounded by predictions of significant snowfall.
I reassure them: as with every winter storm, our doors are open, and no one will be turned
away.
But this service is not guaranteed. Too many of Maine’s emergency shelters are facing a
perilous future due to chronic underinvestment by federal, state and local policy makers,
and a philanthropic community that wants to solve systemic problems rather than address
never-ending emergencies like homelessness.
According to a 2024 study by MaineHousing, current state and federal funding for
emergency shelters in Maine is just $7.16 per night for a service that costs $102 per diem.
That means shelter providers must fundraise the rest, which is much harder than it used to be.
It should be an easy sell. As a community, we pride ourselves on looking out for one another, especially when winter sets in and the cold turns dangerous. The decision to sustain an emergency shelter is not just a charitable act; it is a moral responsibility rooted in compassion, dignity and common sense. It is also a decision that strengthens, rather than burdens, our local economy.
At its core, an emergency shelter reflects the simple belief that no one should risk serious injury or death from exposure because they lack safe shelter on the coldest nights of the year. When temperatures drop in Maine, exposure can become life-threatening within hours. Providing a warm, supervised space is the most basic expression of our shared humanity.
We do not ask whether someone “deserves” warmth, safety or life itself. We recognize that protecting human life is a value that transcends politics, income and circumstance. Beyond its moral necessity, the emergency shelter also makes sound economic sense for our community. Emergency services are expensive. When people are forced to remain outdoors in extreme cold, the result is often frostbite, hypothermia, emergency room visits, ambulance calls and hospital stays, all of which place far greater strain on taxpayer-funded systems than prevention ever does.
A single hospitalization can cost tens of thousands of dollars, while a night at an emergency shelter costs a fraction of that. Prevention is not only more humane; it is far more fiscally responsible.
Local businesses also benefit when the most vulnerable among us are supported rather than pushed into crisis. A healthier, safer community means fewer emergency disruptions for downtown businesses, fewer public safety calls that draw resources away from other needs and a more stable environment for commerce. When community systems work proactively, everyone benefits — from shop owners and employees to customers and visitors who expect safe, welcoming cities.
Some may worry that providing emergency shelter invites problems or encourages dependency. In reality, the opposite is true. Well-run emergency shelters are structured, supervised and time-limited responses to extreme circumstances. They improve public order, reduce unsafe encampments and connect people to existing local services. They are a stabilizing force, not a destabilizing one.
Ultimately, the question before us is what kind of community we want to be. Do we turn
away from people in crisis and absorb the far greater costs later — or do we act with foresight, compassion and integrity?
Supporting an emergency shelter says that we value human life, public safety and economic responsibility all at once. In moments of extreme cold, warmth becomes a public good. By providing it, we affirm that our community is both caring and wise — and that we understand the true cost of doing nothing.
Maine
Pedestrian killed in gas station parking lot crash in Waterville, Maine
A pedestrian has died following a crash in a gas station parking lot in Waterville, Maine, late Sunday morning.
The Waterville Police Department says it responded around 11:20 a.m. to a fatal motor vehicle crash in the parking lot of The Big Apple Convenience Store, located at 364 Upper Main Street.
An initial investigation shows a vehicle was traveling east on Main Street when it left the roadway and struck another vehicle that was parked at a gas pump, police said. A pedestrian who was in the parking lot at the time was struck and pronounced dead at the scene.
The City of Waterville announced on Facebook around 1:18 p.m. that Main Street was closed between Waterville Commons Drive and Armory Road as police managed a crash scene. People were urged to avoid the area and seek an alternate route.
The eastbound section of Main Street remained shutdown for several hours, as Maine State Police responded to the scene to assist with crash reconstruction.
Waterville police said in an update at 4 p.m. that the road had reopened.
The names of those involved in the deadly crash are not being released at this time. It’s unclear what caused this incident, and police haven’t said if anyone will face charges.
An investigation is ongoing.
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