Whitney v. Wal-Mart Stores, Inc.

[¶ 1] This case is before us on questions certified by the United States District Court for the District of Maine (Hornby, J.) pursuant to 4 M.R.S. § 57 (2005) and M.R.App. P. 25. The questions of state law certified are: (1) “Does the Maine Human Rights Act definition of ‘physical or mental disability’ found at 5 M.R.S.A. § 4553(7-A) require a showing of a substantial limitation on a major life activity as does its federal analogue, 42 U.S.C. § 12102(2)(A)?”; and (2) “Is Section 3.02(C) of the regulations adopted by the Maine Human Rights Commission, defining a ‘physical or mental…