AUBURN – A former Wal-Mart security guard who claims he was fired for a pregnant co-worker’s mistake is suing the retail giant for gender discrimination and defamation.
Marcel L. Drouin of Lisbon filed a complaint in Androscoggin County Superior Court earlier this week.
He said he was fired on March 30, 2004, four days after he stopped a customer who shopped at the Brunswick store where he worked. He brought the customer back into the store for questioning.
Drouin said he was acting on orders from Angela Drake of Lewiston, a fellow “loss prevention associate” who was pregnant at the time.
Drouin’s supervisor, Thomas Marcinkowski of North Conway, N.H., had instructed Drouin to stop customers Drake suspected of shoplifting. She was pregnant and couldn’t make the actual stops herself, according to court records.
The man Drouin stopped was later released because there was no evidence of theft to hold him, according to his original complaint filed with the state.
Drouin named Wal-Mart Stores Inc., Drake and Marcinkowski in his suit.
Because he was fired for the conduct of a woman, Drouin said in his suit that his supervisor discriminated against him on the basis of his sex.
He also said Drake and Marcinkowski defamed Drouin before he was fired by suggesting verbally and in writing that it was his fault the customer was improperly stopped and questioned.
Wal-Mart spokesman John Simley downplayed the suit.
“We don’t feel this case has any merit,” he said, noting the Maine Human Rights Commission closed its investigation last year by concluding there were “no reasonable grounds” for the complaint.
“Wal-Mart doesn’t tolerate discrimination of any kind,” Simley said in a telephone message.
The other two defendants named in the suit could not be reached for comment. None of the three had filed a response in court.
The state investigated Drouin’s claim last year against Wal-Mart only, charging sex and age discrimination.
Wal-Mart’s lawyer told a state investigator that Drouin had not followed the store procedures for stopping customers. He had followed the shopper to his car, a violation of store policy, the lawyer said.
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