Maine Employment Lawyer Blog

Maine Senator Susan Collins has co-sponsored the Employment Non-Discrimination Act (ENDA), a bill that would prohibit employers from discriminating against employees because of their sexual orientation or gender identity. Maine law already prohibits employment discrimination against people because of their sexual orientation and gender identity. However, according to the Human Rights Campaign, 29 states permit employers to discriminate based on sexual orientation, and 38 states permit discrimination based on gender identity. In these other states, hardworking men and women can legally be denied job opportunities, be fired, or otherwise discriminated against because they are gay, lesbian, bisexual or transgender (GLBT).

ENDA "affirms the principle that individuals should be judged solely on their skills and abilities," said Senator Collins. "Similar to the current law in several states, including Maine, and the policies of many Fortune 500 companies, [ENDA] would close an important gap in federal civil rights laws by making it illegal to discriminate in employment based on sexual orientation."

The Maine Human Rights Commission (MHRC) has found reasonable grounds to believe that Tamco Transportation, headquartered in Presque Isle, discriminated against Peter Freeman because of his bipolar disorder.

Mr. Freeman worked for Tamco as a truck driver. When Mr. Freeman told the owner of Tamco that he had bipolar disorder, he said "that explains a lot." When Tamco later terminated Mr. Freeman, the owner told him that he needed to lay him off due to a lack of work. However, when Mr. Freeman filed for unemployment compensation, the owner changed his reason for the termination. He told the Bureau of Unemployment Compensation that he actually terminated Mr. Freeman, in part, because he "appears to be bipolar." Tamco's owner continued to change his reasoning for the termination during the MHRC's investigation. At one point, he told the MHRC that he terminated Mr. Freeman, in part, because he was in an accident with his truck. He later admitted that the accident was not Mr. Freeman's fault and that he did not consider the accident when he terminated him. Tamco's claim that it had to lay off Mr. Freeman due to a lack of work also did not make sense to the MHRC because Tamco hired another truck driver just a couple days after it terminated Mr. Freeman.

Chad Hansen of the Maine Employee Rights Group represents Mr. Freeman.

On April 11, 2011, the Maine Human Rights Commission (MHRC) found that the moving and storage company Parker K. Bailey & Sons, Inc. of Waterville fired Rodney Witham because he blew the whistle on the company's illegal deductions from employees' pay. According to Mr. Witham and another witness, he complained to the company about these illegal deductions and, when the company did not change its practices, he complained to the Maine Department of Labor (MDOL). In response to Mr. Witham's complaint, MDOL investigated Parker K. Bailey & Sons and found that it had, in fact, illegally deducted money from employees' paychecks. A couple months later, Parker K. Bailey & Sons terminated Mr. Witham claiming that it had to eliminate his truck driver position due to financial considerations.

In finding against the company, the MHRC found it noteworthy that Parker K. Bailey & Sons advertised that it was looking to hire new truck drivers shortly after it terminated Mr. Witham. According to a witness, the General Manager said that the company was looking for a driver to replace Mr. Witham. This evidence contradicted Parker K. Bailey & Sons' claim that it eliminated Mr. Witham's position. Furthermore, a secretary for the company told a witness after Mr. Witham contacted MDOL that Mr. Witham should "watch himself" because management was looking for a reason to fire him.

Under Maine's Whistleblower Protection Act, an employer may not retaliate against an employee because he complains about the employer's unlawful activity. If you believe your employer has discriminated against you because you complained about its unlawful activity, you should contact an experienced employment lawyer to discuss your rights.

A Bangor organization called the Workers Rights Board of Eastern Maine (WRB) has reached out to both Eastern Maine Medical Center (EMMC) and its nurses in an effort to bring them together to resolve their ongoing labor dispute. Last month, WRB sent letters to EMMC and its nurses inviting them to a "Public Forum on Staffing and Health Care Quality at EMMC." The forum is scheduled to take place at the Bangor Public Library on April 25, 2011. At the forum, nurses themselves will have the opportunity to engage in a public dialogue about patient safety and how the ongoing labor dispute affects it.

In WRB's letter to EMMC, it reported some information that the nurses provided to it. According to the nurses, EMMC has spent over $60,000 on advertisements disparaging the nurses. It has also retained an expensive law firm with a reputation for union busting. WRB said that it is "troubled by the use of patient care dollars, which presumably include state and federal tax funds, being spent on fighting the nurses."

On April 8, 2011, EMMC responded to WRB's invitation to this forum and said that it did not plan to attend. In its response, EMMC did not dispute that it has hired a union busting law firm or that it has spent $60,000 in advertising to disparage the nurses. EMMC's response also states that the nurses' national union is pursuing a "national agenda" in Bangor with no "willingness to help find solutions to a very complex set of realities." The WRB forum sounds like an opportunity for the actual nurses to communicate with EMMC management about these "complex" realities. For that reason, it remains unclear why EMMC has refused to attend.