Disabled worker sues state> Woman requiring repeated bathroom breaks claims civil rights violated

AUGUSTA – A Chelsea woman who said she was demoted for a physical disability that caused her to need frequent restroom breaks is suing the state.

Cathy Doyle, 42, won a favorable ruling from the Maine Human Rights Commission and is seeking lost wages and benefits and compensatory damages from the state. She is also seeking an injunction permanently banning the Maine Department of Human Services from unlawful discrimination.

The civil complaint, filed in Kennebec County Superior Court, accuses department employees of violating her civil rights under the state Human Rights Act and the federal Americans With Disabilities Act. The suit says Doyle was subjected to retaliatory conduct, and made to work in a hostile environment.

The department said Doyle was demoted because of poor performance, not because of her medical condition.

Doyle failed to pass probation in a new job answering phone calls from Medicaid recipients and was demoted to her previous position as a clerk-typist.

In her complaint filed with the Human Rights Commission in April 1999, several abdominal surgeries have left Doyle with a “J-pouch” instead of a large intestine. As a result, she must use the restroom frequently. She said she told the department about her physical disability and requested a shift that started at 7:30 a.m. and ended at 4 p.m. to cut down on the half-dozen or so restroom breaks she would need.

On Dec. 18, 1998, Doyle’s supervisor gave her a written warning that said she was using the restroom too often, according to the complaint.

Doyle reported the matter to the personnel department and was told she could visit the restroom as she needed.

Doyle told the Human Rights Commission invstigator that her breaks were being timed and that she was “embarrassed and offended” about comments about her situation.

Tracie L. Adamson, Doyle’s lawyer, said her client has since been promoted to a different job and continues to work for the state as she pursues her claim.