Attorney Guy Loranger Granted Motion to File Amendment Complaint in Discrimination Case

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Judge rules that complaint can be filed under Maine Law rather than federal law.

The Law Office of Guy D. Loranger announced that U.S. Magistrate Judge John H. Rich III recently ruled in their favor in the case of Libby v. The Webber Hospital (No. 2:13-cv-238-NT in Maine District Court First Circuit). Loranger sought to file an amended complaint in the case.

The plaintiff in this case is represented by Loranger, who represents victims of discrimination and sexual harassment. Originally, a single-count complaint was filed stating that Southern Maine Medical Center, the plaintiff’s employer, violated the Uniformed Services Employment and Reemployment Rights Acts. The complaint alleged that the hospital refused to promote her because her military obligations require her to take time off each year.

Loranger said the amended complaint became necessary due to a limited remedy within the federal statute the complaint was originally filed under, which caused the two parties to be unable to reach an agreement. The amended complaint seeks to add a state law cause- of- action for military discrimination.

According to the court documents, the hospital opposed the motion, stating the statute did not provide a cause-of-action for the denial of a promotion. Rather, it was strictly limited to a failure to reinstate employment. The plaintiff argued that the defendant’s interpretation of the statute was too narrow and that section of Maine Law requires that employees “receive any other incidences of advantages of employment as if the person had remained continuously employed,” as well as the Legislature’s stated intent to “prohibit discrimination against these persons because of their military service.”

Ultimately, Magistrate Judge Rich agreed with the plaintiff.

“Logically, section 811’s ban against the denial of advantages of employment extends not only to their denial at the moment of reinstatement but also to their denial thereafter, to the extent that those advantages would not have been denied had the employee not taken a military leave of absence,” he said.

About the company:
The Law Office of Guy D. Loranger is a sexual harassment and discrimination law firm located in Old Orchard Beach, Maine. The firm represents victims of all types of discrimination, including discrimination based on sex, race, age and sexual orientation. They will handle a case from the initial complaint with the Maine Human Rights Commission through the civil lawsuit in state or federal court. Contact Guy D. Loranger today to discuss the options for sexual harassment/discrimination cases. For more information, please feel free to visit or call 207-937-3257.

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