April 18, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

Discrimination suit targets L.L. Bean

FREEPORT — A woman who said she lost a job at L.L. Bean last month filed a complaint Wednesday charging the outfitter with disability discrimination.

CarolAnne Bouchles, 29, lost her job after L.L. Bean found out that she had tendinitis in her right arm and had filed a Workers’ Compensation claim with a previous employer, said her lawyer David Webbert.

Bouchles, of Greene, mailed a complaint Wednesday to the Maine Human Rights Commission and the federal Equal Employment Opportunity Commission. She filed the complaint based on the Americans with Disabilities Act, which took effect July 26.

“I believe L.L. Bean has illegally discriminated against me by taking away my job offer based on physical disability even though I am able to perform the essential duties of my job and my doctor agrees,” Bouchles said in her complaint.

Catharine Hartnett, spokeswoman for Bean, said the woman was never offered a job.

“She went through a pre-placement physical for our distribution and telemarketing jobs. After going through the physical, she was not hired for that job because of what they found, the tendinitis,” Hartnett said.

No other openings were available at the time, she said.

Bouchles applied in August to take telephone orders from L.L. Bean’s catalog customers. But after L.L. Bean officials learned of a previous on-the-job injury they made her undergo medical examinations with company-selected doctors and then dismissed her, said Webbert.

Other sales employees were not required to undergo similar examinations, according to the complaint.

“After the examinations, L.L. Bean sent Ms. Bouchles written notice that she had been `screened out’ of the job,” said Webbert.

Hartnett said physical examinations at L.L. Bean are common for people who want to enter jobs that could place them at risk for repetitive strain injuries.

But Webbert said the disabilities act prohibits employers from requiring new employees to have medical examinations unless all entering employees are subjected to the same exams, regardless of disability.

“One of the primary purposes of the new law is to stop employers from using medical exams to screen out persons with prior injuries,” he said.

If the store is found guilty of intentional discrimination, Bouchles is entitled to back pay, reinstatement and up to $300,000 in damages, he said.


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