An investigator with the Maine Human Rights Commission has found “reasonable grounds” to conclude Miller Drug Store discriminated against an employee on the basis of his disability when it accused him of theft and fired him in 2000.

The investigator said the Bangor drugstore, owned by Bill Miller, erred in firing Curtis Stone after assuming he was responsible for a prescription drug theft because he had been an alcohol and drug abuser.

Drug addiction and alcoholism number among the definitions of physical or mental disabilities under Maine law, says the report, signed by a commission field representative, Brenda Haskell, and by Executive Director Patricia Ryan.

“Before Mr. Stone was interviewed by Mr. Miller or [a Drug Enforcement] Agent he was accused of the theft. This is overt discrimination,” the report states.

The finding of reasonable grounds is scheduled to be considered by the commission April 8 in Augusta.

Stone was hired in May 2000 to work as a clerk and delivery person for Miller Drug, which employs 75 people. Miller told investigators that he knew of Stone’s past problems with alcohol and drugs, but hired him because “he knows the family,” and because he likes to help people when he can.

The decision to fire Stone followed a string of events on June 6, 2000, the report states.

In the late afternoon, a Miller pharmacist was in the cellar when he discovered that a cabinet containing narcotics had been broken into. Workers began discussing which employees had been in the cellar. Although many had access to the area, Stone quickly became a suspect.

Summoned to return from delivery runs to the pharmacy, Stone said he would first visit his home because he had spilled a milkshake on his clothing.

Miller’s employees were suspicious, so two people were sent to the house to intercept him.

When Stone arrived at the door, a Maine Drug Enforcement Agent and a Miller pharmacist were there, he told the MHRC investigator. Stone said he denied the theft and agreed to have his car searched and to take a drug test. Since the house belongs to his mother, he said he could not consent to its being searched, the report states.

When he got back to the pharmacy, Stone said he was warned that Miller was angry. Inside, Stone said Miller stated, “You took my stuff. You and I know it, just give it back.”

Stone was told to wait outside, and Miller came out and informed him he’d get two weeks pay. Stone’s account had Miller giving a two-week paid absence with the promise of a call. Miller said he fired Stone, giving him two weeks severance pay.

Stone said he wasn’t contacted by Miller afterwards and legal charges were never filed. He said he applied for unemployment benefits.

Miller said he fired Stone because he had been taking too long to make deliveries, and he’d received a call that afternoon from a customer who said Stone was driving erratically.

Miller was on vacation Wednesday and could not be reached for comment.

His lawyer, Thomas C. Johnston, said a formal response would be filed with the commission later in the week. He said the investigator did not reach the proper balance between the facts and an employer’s duties in running a business.

The investigator “did not give adequate credit for actions they have to take,” Johnston said.

Efforts to reach Stone were unsuccessful Wednesday.