Whitney v. Wal-Mart Stores

Case Updates

The Supreme Judicial Court of Maine upheld the broadening of the definition of “disability” under the state’s anti-discrimination statute. The Supreme Court ruled that a discrimination claim brought under state law, based on a person’s physical or mental disability, need not require that person show that their condition imposes a “substantial limitation on a major life activity.” The court’s ruling means the anti-discrimination protections under Maine’s Human Rights Act are available to a far broader group of workers than those available under the Americans with Disabilities Act.

Joining the Maine Chamber of Commerce and others, NCLC urged Maine’s highest court to reject an unwarranted broadening of the definition of “disability” under the state's anti-discrimination statute. The new definition would encompass virtually every Maine citizen at one point or another. A federal judge certified the issue to the state supreme court for guidance on state law. Maine currently adheres to the federal definition of “disability”.