Sharon Andersen v. Department of Health and Human Services

2025 ME 59
CourtSupreme Judicial Court of Maine
DecidedJuly 3, 2025
StatusPublished

This text of 2025 ME 59 (Sharon Andersen v. Department of Health and Human Services) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sharon Andersen v. Department of Health and Human Services, 2025 ME 59 (Me. 2025).

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2025 ME 59 Decision: Cum-24-394 Argued: April 8, 2025 Decided: July 3, 2025

Panel: STANFILL, C.J., and MEAD, HORTON, CONNORS, LAWRENCE, DOUGLAS, and LIPEZ, JJ.

SHARON ANDERSEN

v.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

HORTON, J.

[¶1] Sharon Andersen appeals from a summary judgment of the Superior

Court (Cumberland County, Cashman, J.) entered in favor of the Department of

Health and Human Services on her complaint alleging

hostile-work-environment disability discrimination under the Maine Human

Rights Act (MHRA), see 5 M.R.S. § 4572(1) (2025). The court concluded that

Andersen’s claim was time-barred because the only actions of the Department

that were within the statutory limitations period were neither discriminatory

in themselves nor indicative of a continuing violation, as defined in Nat’l R.R.

Passenger Corp. v. Morgan, 536 U.S. 101, 115-22 (2002). On appeal, the issue is

whether Andersen made a prima facie showing of a continuing violation. We

conclude that she did not and affirm the judgment. 2

I. BACKGROUND

[¶2] “The following facts are drawn from the parties’ supported

statements of material facts and are presented in the light most favorable to

[Andersen] as the party against whom summary judgment was entered.”

Adeyanju v. Foot & Ankle Assocs. of Me., P.A., 2024 ME 64, ¶ 2, 322 A.3d 1201.

Although the Department disputes some of Andersen’s allegations, especially

those regarding statements allegedly made by her supervisor, the following

factual recitation is supported by evidence in the record that would be

admissible at trial, see HSBC Mortg. Servs., Inc. v. Murphy, 2011 ME 59, ¶ 9, 19

A.3d 815.

A. Events Leading to Andersen’s Leave of Absence

[¶3] Andersen was employed by the Department from 2005 to 2019. The

events relevant to her claim occurred from July 2018 to August 2019. As of the

summer of 2018, Andersen was a Case Aide II in the Department’s Office of

Child and Family Services (OCFS). She was supervised by an Adoption

Supervisor, who in turn reported to the OCFS administrators.

[¶4] During the summer of 2018, Andersen was working in the

Department’s Portland office and struggled to keep up with her workload. She

also began having tense interactions with her supervisor after she mistakenly 3

emailed confidential case information to foster parents and families who were

not authorized to receive the information. When interviewed later about the

mistake, Andersen said that she was “overwhelmed” with legal work in her job

and that she sometimes left work in tears. On August 28, Andersen texted her

supervisor, “I need to talk to you; I am so stressed and upset about my job.” To

keep up with her work, Andersen skipped a work-related outing and reported

to her supervisor that she felt stressed as a result. On November 2, after

examining Andersen’s timecard, the supervisor instructed Andersen in an

email to avoid working overtime or taking additional flex time without

permission, to contact the supervisor upon arriving at work, and to give

advance notice of her vacation plans.

[¶5] During a meeting with her supervisor on November 5, Andersen

said that she was feeling increased stress and anxiety and experiencing panic

attacks, and that she needed to schedule medical appointments to obtain

treatment. The supervisor told an OCFS administrator that Andersen had

reported having panic attacks, and the administrator sent an e-mail to a human

resources manager that included the following:

Can you get back to us about this—[Andersen] had said in our meeting that her anxiety and stress were so high given this job that she had to see doctors and tests were run—thinking that she needs 4

to fill [workers’ compensation documents] out but it does not appear that she wants to—can you give us some direction?

The manager directed Andersen’s supervisor to complete a first report of injury

to initiate a workers’ compensation claim for Andersen. In the report, the

supervisor wrote, “[Andersen] has issues with anxiety and low blood sugar

which is exacerbated by stress and led her to mistake these symptoms for [a]

possible heart issue.” The injury report was referred to the Department’s

human resources office, which denied the claim.

[¶6] After the November 5 meeting, Andersen requested a state-owned

car to use for work-related travel while her car was under repair. The OCFS

administrators told Andersen that she would need to rent a car and could be

fired if she did not have access to a car. Separately, at an OCFS supervisors’

meeting held on November 8, Andersen’s supervisor stated that “[Andersen]

takes up half of [the supervisor’s] day and is constantly lying and not working.”

[¶7] On December 5, Andersen’s supervisor gave her a written warning

for failing to follow a directive, misrepresenting facts, and abusing flex time.

Andersen denied the allegations. On December 11, when Andersen and her

supervisor met to discuss the warning, the supervisor accused Andersen of

having something wrong with her brain, being a “sneaky liar,” and being too

stupid to use a GPS when transporting children as part of her work 5

responsibilities. On December 14, the OCFS issued Andersen a five-day

suspension for her mistake in sending the confidential email message to

unauthorized recipients in August. The suspension was later reduced to two

days because “Andersen [had] been an OCFS employee for 13 years with no

record of discipline until recently.”1

[¶8] On December 19, Andersen missed work due to chest pain. The

same day, an OCFS administrator directed Andersen in an email not to work

through lunch, to avoid misusing flex time, to inform her supervisor upon

arriving at work, and to obtain permission for appointments and vacations.

Andersen responded, “I am not even sure why I am getting this email again. I

feel I do follow all the [above] and I feel as though I am being targeted.”

[¶9] On or about January 11, 2019, Andersen’s supervisor issued her a

written reprimand, alleging that she failed to enter time accurately, failed to

obtain approval or give advance notice of absences, and failed to manage

medical records properly. The reprimand stated that Andersen did not comply

with the November 2 and December 19 emails but did not identify specific

instances of noncompliance. The OCFS administrators later questioned

Andersen about her management of medical record requests, leading Andersen

1 Due to her subsequent medical leave of absence, see infra, Andersen never served any of the reduced suspension. 6

to write, “I feel my supervisor should/could have addressed this with me and

not [the administrators]. I feel this is just another form of attack on me.”

[¶10] On January 17, Andersen’s supervisor held another disciplinary

meeting with her. Before the meeting, the union steward told a union

representative that the repeated reprimands of Andersen seemed to constitute

harassment. At the meeting, Andersen’s supervisor yelled at her and said, as

she had during the December 11 meeting, that Andersen had something wrong

with her brain and was too stupid to use a GPS. Andersen appeared to

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2025 ME 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharon-andersen-v-department-of-health-and-human-services-me-2025.