Human rights panel sides with woman in harassment case

AUGUSTA -- A human rights panel voted 3-1 Monday to find reasonable grounds that Colleen Mercier of North Anson was subjected to unlawful sexual harassment and whistleblower retaliation at Sappi Fine Paper, Skowhegan.

Mercier worked at the Hinckley wood yard beginning in May 2004 and occasionally operated heavy equipment, including a crane.

She claimed she was harassed, beginning in 2006, by a male coworker who believed "females don't belong in the wood yard," according to a report by Barbara Lelli, the commission's chief investigator. Mercier complained to supervisors at the yard about the coworker's behavior and later took a different job and a cut in pay to avoid the man, according to the investigator's report.

The coworker was fired in September 2010 in an unrelated incident.

"Ms. Mercier was subjected to severe sexual harassment," said Mercier's attorney, Jeffrey N. Young. "The company took inadequate, if any, steps to put an end to that harassment."

Mercier continues to work for the company.

Maine Human Rights Commission Chairman Paul Vestal voted against the finding.

"Sappi disagrees with the findings of the Maine Human Rights Commission and intends to defend itself vigorously," said Lauren DiGeronimo on behalf of Sappi.

In a separate case also argued Monday, the panel approved 3-0 a finding that Brooks S. Violette, of Sidney, was subjected to a hostile work environment at The Starting Line, Waterville, because of her gender.

Violette said she was sexually harassed by various customers at the shop, which works with motorcycles, ATVs and snowmobiles, between Feb. 15, 2010, and June 21, 2010. She began working at the store in February 2005.

The investigator, Domini Pham, recommended a reasonable-grounds finding because the store owner failed to properly address Violette's complaints.

"Owner's approach with respect to some customers appeared rather passive, if anything: do nothing or rely on others to initiate corrective action," Pham concluded.

"It was a positive result," said Violette's attorney, Benjamin Grant. "We're just happy that the commission and its investigator recognized the severity of what happened to Ms. Violette and are confident this will come to a positive resolution."

In both cases, the commission staff will work with the parties to resolve the complaints.

Findings of the Maine Human Rights Commission are not law but may become grounds for lawsuits.

Betty Adams -- 621-5631

badams@centralmaine.com


(2011-4-13/kjonline.com)