High Court Justices Propose an End to Burden-Shifting

Maine's highest court last week reversed a grant of summary judgment against a maintenance worker on his disability discrimination and retaliation claims, in a decision in which a three justice minority advocated for the abandonment of a burden-shifting analysis at the summary judgment phase for such actions.The case was Daniels v. Narraguagus Bay Health Care Facility, No. Was-11-389. Under current Maine law, if the defendant in an employment discrimination claim moves for summary judgment, the plaintiff must be able to show that he has a disability that does not prevent him from performin...