Seth Carey v. Sunday River Skiway et al.

Summary

The United States District Court for the District of Maine affirmed a magistrate judge’s recommended decision and dismissed Seth Carey’s complaint against Sunday River Skiway and Darren Tripp. The court held that the complaint failed to plausibly state claims under the ADA and Maine Human Rights Act, Title VII, Maine’s fair-chance employment law, or claims for intentional and negligent infliction of emotional distress. The court overruled Carey’s objection and adopted the recommended decision in full.

Holdings

1. Carey failed to allege sufficient nonconclusory and nonspeculative facts to plausibly state claims for relief under either the ADA or the MHRA.
2. Title VII does not treat disability status or criminal history as protected classes for employment-discrimination purposes; Carey therefore failed to state a Title VII claim based on those characteristics.
3. Carey failed to state claims for intentional infliction of emotional distress or negligent infliction of emotional distress under Maine law.
4. Maine's Fair Chance in Employment statute does not completely prohibit an employer from considering an applicant's criminal history, and Carey failed to state a claim under 26 M.R.S.A. § 600-A.

Questions Presented

1. Whether Carey alleged sufficient nonconclusory and nonspeculative facts to state plausible claims under the ADA and MHRA based on alleged disability discrimination and refusal to rehire.
2. Whether Title VII provides a cause of action for employment discrimination based on disability status or criminal history.
3. Whether Carey's allegations that defendants refused to rehire him stated claims for intentional or negligent infliction of emotional distress under Maine law.
4. Whether Maine's Fair Chance in Employment statute, 26 M.R.S.A. § 600-A, completely prohibits employers from considering an applicant's criminal history.
5. Whether the magistrate judge's recommended dismissal should be adopted after de novo review of Carey's general objection.

Disposition

dismissed