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Quick Hit: Maine Liability for Sexual Harassment – WorkersCompensation.com

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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.

Get your fill of Maine compliance information and news by signing up for Simply Research

So, here’s the rule:

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+ 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.



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‘Not only with tears, but with action’: Maine DOT honors two workers killed on duty

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‘Not only with tears, but with action’: Maine DOT honors two workers killed on duty


AUGUSTA, Maine (WABI) – An emotional day from Fairfield to Augusta, but felt throughout Maine and beyond, as state officials, community members and loved ones honored the lives of two Department of Transportation workers who tragically died in the field.

Maine DOT Commissioner Dale Doughty described the accident as “the nightmare that commissioners worry about.”

While working on Interstate 95 in January, Maine DOT workers James “Jimmy” Brown, 60, and Dwayne Campbell, 51, died after a driver failed to brake at a stop sign and crashed into a tractor-trailer traveling on the highway.

To honor the men’s commitment to public service and their legacy as fathers, outdoorsmen and Mainers, a procession including DOT officials, family members and more traveled to the Augusta Civic Center Saturday for a memorial service.

Among those in attendance was Gov. Janet Mills, who remarked on who Brown and Campbell were and their dedication to their profession.

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“Jimmy, as you know, worked for the Maine Department of Transportation for 12 years. Dwayne for more than 23 years,” Mills described. “We could count on Jimmy and Dwayne just as we could count on the 1,600 Maine dot workers who keep our roads and bridges safe every day.”

Brown was known for his humor and love of fishing, cars and his children.

Campbell got his start in the DOT by following in his father’s footsteps. Mills said at the service that Campbell loved his daughters and time spent outdoors.

For Commissioner Doughty, losses like this hit hard because of the closely bonded “family business” that DOT is.

That family expands past state lines, as departments of transportation from New Hampshire and Vermont were present to show their support.

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New Hampshire DOT State Maintenance Engineer Alan Hanscom said he called Maine DOT just hours after hearing of the accident to see what his crews could do to help.

“My employees are impacted or subject to the same dangers that Maine and every other state is,” Hanscom said of the importance of his attendance. “I have an employee that was killed in a motor vehicle crash some years ago, so it kind of hits home.”

Unfortunately, Doughty says accidents happen “quite frequently.”

Saturday’s event served not only as a commemoration but also as a call to action. Despite DOT’s training, Doughty says it is rendered useless if motorists put right-of-way employees in danger through reckless or distracted driving.

Hanscom expanded: “People don’t realize that this is our office. You’re driving through our office space. We’d like you to give us some consideration and slow down and be mindful of where we are. Give us a little respect.”

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Doughty mentioned that these dangers extend beyond DOT workers to everyone who does roadside work. Because of this, he says, agencies must join forces to develop solutions.

“I really think it’s time, and we have a meeting coming up in April, where we pull all agencies and all companies that work in the right-of-way, contractors, utilities, everyone to start to talk about that message,” Doughty said.

On the podium, Doughty told audiences: “Please help us carry forward their memory, not only with tears, but with action.”

On Thursday, the Joint Standing Committee on Transportation authorized the Maine Turnpike Authority to conduct a pilot program for speed enforcement in work zones. The legislation is now headed to the House and Senate.

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Northern Maine Med Center RNs reaffirm care for community

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Northern Maine Med Center RNs reaffirm care for community


Despite retaliation from their employer, nurses affirm their commitment to their patients and their union

Over two years since Northern Maine Medical Center (NMMC) first formed their union and began bargaining in good faith for a first contract, nurses remain committed to the patients they serve, and to making their hospital the best place it can be for everyone. Union nurses at NMMC signed the letter they released today, which says in part:

“Over the past two years, you have no doubt heard about the conflict that has grown between the hospital and us.

We want you to know that we never asked for this fight. The initiative to organize our union was to protect ourselves and our patients, not to punish any individuals or the hospital as a whole.”

The nurses’ letter goes on to say that their immediate goals as a union include: winning safe staffing for nurses and patients, promoting transparency and accountability at NMMC, retaining our local providers and staff, and making their hospital sustainable for the long term.

Terry Caron, RN and member of the nurses’ bargaining team said: “Two years ago, we decided to have a voice for ourselves and our patients by forming our union. The NMMC administration could have met us halfway, but it did not. It has only fought us and tried to punish us for speaking up. But we are as committed to our goals as ever. We will never stop fighting for our patients.”

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NMMC nurses were joined today by Maine Senate President Mattie Daughtry, gubernatorial candidate Troy Jackson, and U.S. Senate candidate Graham Platner. They echoed the nurses’ call for NMMC CEO Jeff Zewe to stop his retaliation against the nurses and to finalize the union contract for which the nurses have been bargaining for most of the past two years. 


Maine State Nurses Association is part of National Nurses Organizing Committee, representing 4,000 nurses and other caregivers from Portland to Fort Kent. NNOC is an affiliate of National Nurses United, the largest and fastest-growing labor union of registered nurses in the United States with nearly 225,000 members nationwide.



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Maine Celtics stumble against Windy City

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Maine Celtics stumble against Windy City


Max McClung scored 12 of his 33 points in the fourth quarter, and the Windy City Bulls went on a 15-2 run in the fourth quarter to pull away for a 121-106 win over the Maine Celtics in an NBA G League game Friday night at the Portland Expo.

Kevin Knox II added 30 points, 21 in the second half.

Amari Williams led the Celtics with 26 points, nine rebounds and eight assists. Jalen Bridges made six 3-pointers and finished with 22 points, but the Celtics dropped to 2-8 in their last 10 games. Maine has lost four straight games at the Expo.



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