Eaton Peabody

Federal Court decision reaffirms: No individual supervisor liability under the Maine Human Rights Act; at least in Federal Court

A recent decision by the U.S. District Court for the District of Maine reaffirmed the position of the federal courts in Maine that supervisors are not liable in their individual capacity under the Maine Human Rights Act (MHRA). See Gough v. Eastern Maine Development Corporation, 01-CV-68-B-S (D. Me. 2002) at http://www.med.uscourts.gov/opinions/singal/2001/gzs_11262001_1-01cv68_gough_v_eastern_me_develop.pdf

In dismissing the plaintiffs claim against her former supervisor, the court in Gough set forth a detailed analysis for its holding that the MHRA does not contemplate individual liability for supervisors; addressing recent plaintiffs arguments to the contrary.

Supervisor liability under the MHRA has been an ongoing issue for employers and supervisors. The answer or answers to the question of whether supervisors are individually liable currently break down as follows:

• U.S. District Court (Maine):
  No. The MHRA does not recognize individual supervisor liability;
• The Supreme Judicial Court of Maine:
  No answer [1] Refusing to decide the issue; and
• The Maine Human Rights Commission:
  Yes. Despite the Federal Court decisions to the contrary.

Although the courts decision is good news for employers and supervisors, it will have little, if any, practical effect at the administrative level. So far, the Maine Human Rights Commission (MHRC) has not followed U.S. District Court decisions on this issue, and a recent legislative attempt to clarify the MHRA died. See L.D. 1599 at LD 1599 - 120th Legislature, First Regular Session. Accordingly, until the Supreme Judicial Court of Maine revisits the issue, all signs are that the MHRC will continue to process charges against individual supervisors. As employers often assist supervisors in the defense of MHRC complaints, little will change in this regard.

Rev'd 3.5.'02

[1] Although the Supreme Judicial Court of Maine, by a split decision, had held that the MHRA recognized individual supervisor liability, in an unusual move, the court withdrew that opinion. See Gordon v. Cummings, 2000 ME 68 (Me. 2000) at http://www.courts.state.me.us/00me68gA.htm.

Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.

This paper is provided as general information, and is not a substitute for legal or other professional advice.