JANDREAU v. SHAW'S SUPERMARKETS, INC.

No. WCB-03-19.

837 A.2d 142 (2003)

2003 ME 134

Diane JANDREAU v. SHAW'S SUPERMARKETS, INC., et al.

Supreme Judicial Court of Maine.

Decided: November 25, 2003.


Attorney(s) appearing for the Case

Alexander F. McCann, Esq. (orally), Portland, for employee.

William O. LaCasse, Esq. (orally), Doris V.R. Champagne, Norman Hanson & Detroy, LLC, Portland, for employer.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.


LEVY, J.

[¶ 1] Both Diane Jandreau and Shaw's Supermarkets, Inc., appeal from a decision of a hearing officer of the Workers' Compensation Board (McCurry, HO), granting Jandreau's petition to remedy discrimination. Shaw's contends that it was error to conclude that its termination of Jandreau's employment pursuant to a facially neutral six-month absenteeism policy constituted discrimination in violation of 39-A M.R.S.A. § 353 (2001). Jandreau contends...

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