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Investigator backs discrimination claim at YMCA

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Tuesday, February 20, 2007

AUBURN - A state investigator is backing claims that an Auburn-Lewiston YMCA worker was fired because she asked for help to cope with a disability.

Only days after requesting unpaid leave or permission to work from home to deal with a chronic stomach problem, a YMCA supervisor sacked Renee Carrier, according to the investigator's report, filed with the Maine Human Rights Commission.

Carrier, who lives in Yarmouth, had worked for the YMCA for four months.

"There are reasonable grounds to find that (the YMCA) terminated (Carrier's) employment in retaliation for requesting a reasonable accommodation for her disability," wrote investigator Gail Flibbert in her report, dated Feb. 5.

A hearing with the five-member commission is scheduled for March 5.

Meanwhile, the Auburn-Lewiston YMCA insists that the firing was just.

"My staff and I stand behind the decision to terminate," said Jim Lawler, the local executive director.

Lawler declined to talk about specifics of the case, since the commission has yet to act.

"There has been no decision," Lawler said.

The Sun Journal was unsuccessful in its attempts to reach Carrier for comment.

Commission documents portray a young woman who was trying for months to manage a painful and long-undiagnosed problem.

Records showed that Carrier first sought a doctor in April 2004, before she was hired at the YMCA. She began working there in February 2005 and completed her probation three months later.

Carrier's symptoms worsened in August and September 2005, when she logged several visits to emergency rooms and missed days of work.

Lawler told investigators that he was unaware of a "so-called disability." He also recalled receiving several complaints about Carrier's work during that period.

One day after a visit with a doctor, Lawler fired Carrier in a phone call. The accompanying letter cited "job performance dissatisfaction."

"It is clear from evidence that until (Carrier) needed time off due to her disability, her job performance was considered satisfactory and her job was not in jeopardy," investigator Flibbert wrote in her conclusions.

CLICK HERE To Show/Hide Discussion Thread - (8 Comments)
Comments
Posted By:sososo at February 20, 2007 8:09 AM (Suggest Removal)
its the only peopleto blame is the wonderful goverment in maine here are only 7 states that have the at will law as long as this law remains a employer can can fire you at will

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Posted By:Theresa at February 20, 2007 8:37 AM (Suggest Removal)
Years back my asthmatic daughter was ignored there in the YM's childcare program and left alone during an attack, and was hit by other kids as well. I took her out after getting nowhere with leadership who refused to take responsibility. Good for Ms. Carrier for pursuing this, for herself and others at the Y. It seems the environment around disabilities hasn't changed much there - zero tolerance, zero compassion, zero accountability. Time to make a change. Theresa Arita

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Posted By:VEB at February 20, 2007 8:38 AM (Suggest Removal)
excellent point blackhawkdown, you seem well versed in state laws...

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Posted By:PINK at February 20, 2007 8:44 AM (Suggest Removal)
Can someone explain to me how a stomach problem is considered a disability? It does sound like she had gone to the doctors quite a bit but was she diagnosed with something? Was this issue classified as a disability? Granted, if you aren't feeling well and need time off that is one thing but to say it was a disability and she was discriminated against is another thing.

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Posted By:joyce at February 20, 2007 9:35 AM (Suggest Removal)
Pink, You are thinking of disability as a "group", wherein to belong you must have a permanent disability. Disability literaly means "not able". It is also defined as "a physical or mental impairment that restricts or prevents normal achievement". A person can be momentarily disabled, temporarily disabled, or fit into the definition you are likely thinging of - "physically impared people as a group" ie: the permanently disabled, wheelchair bound, etc. However, it sounds like, in this case, the term is being used in a legal context. For example, if you came down with... oh, let's use Mono. And your doctor recommended several weeks of staying home in bed, staying away from other people and getting the rest you needed to begin recovery. You then notified your employer and requested unpaid leave for the precribed timeframe. Imagine getting a call from your supervisior firing you for poor work performance prior to your illness, when to your knowledge, your work was fine, and no one complained about it to you before. If that were me, I would definitely sue. And I'm guessing that my lawyer would use the Americans With Disabilities Act as an argument, claiming that my illness created a temporary disability. So the words disable, disabled and disability, have medical, social and legal connotations. Disability does not just refer to someone in a wheelchair.

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Posted By:sososo at February 20, 2007 10:01 AM (Suggest Removal)
a employer called acs in the bates mill employ hundreds of employees some are disabled and some have children with health problems and can understand that there are family needs and accoominations that are needed but if you constintly call out and over use that accodimation then the employer should be able to get someone that can do the much needed job they have one person that has two jobs and always call out every weekend cause there other job tired them out and they dont like sundays so i think in certain situations the employer should take a stand after all if you dont show for work and there are children in need of assnt at the ymca thy need to find someone that really wants to work

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Posted By:sososo at February 20, 2007 10:09 AM (Suggest Removal)
if your unable to perform your job time to get a new job.......when i spoke to senator collins office and senator machauds office they told me it was the opposing dems or repuplicans that keep tabling the motion to imbolish tha at will law and they told me if you dont like it start a union oh yes makes sence then they will shut down the buissness and out source to india im sure if senator collins child is sick and she had to call in im sure there taken care of isnt that right my govenor

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Posted By:scamper at February 20, 2007 3:31 PM (Suggest Removal)
This is to black hawk down: What in hell are you talking about? I try to read your rhetoric and I cannot understand your rambling on with no sentence ends and the God Awful spelling. AND, if you people out there want to fault me for criticing your atrocious English, Tough! This is my entertainment and it is a free country...

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