Flood v. Bank of Am. Corp., No. 14-1068 (1st Cir. 2015)Annotate this Case
Plaintiff was a customer service employee at a Bank. When Plaintiff could no longer endure disparate treatment due to her bisexuality she received at the Bank, she stopped reporting to work. The Bank then terminated her for job abandonment. Thereafter, Plaintiff sued the Bank for employment discrimination under the Maine Human Rights Act (MHRA) and for defamation under Maine common law. The case was removed to federal court on the basis of diversity jurisdiction. The district court granted summary judgment to the Bank. The First Circuit (1) vacated summary judgment as to the wrongful termination and hostile work environment portions of Plaintiff’s discrimination claim, holding holding that a reasonable fact-finder could conclude that (i) the Bank’s explanation for firing Plaintiff was pretextual and that she was actually fired because of her sexual orientation, and (ii) Plaintiff had endured sufficiently pervasive harassment to alter the conditions of her employment; and (2) affirmed as to the balance of Plaintiff’s discrimination claim as well as on her defamation claims, holding that, in regards to these claims, the district court did not err in its judgment.