AUGUSTA – The Maine Human Rights Commission has rejected a claim of sexual discrimination submitted by a Southwest Harbor woman who was hired and fired from her dockworker job on the same day.

Roberta DeRaps claimed she was terminated from her position at Northeastern Seafood Inc. on July 31, 2001, by Sheryl Harper, a manager at the Southwest Harbor firm, after she encountered some difficulty moving crates of crabs, lobsters and shellfish that weigh as much as 100 pounds each.

Brenda Haskell, a field investigator for the Maine Human Rights Commission, reported that when she asked DeRaps about how she had performed as a dockworker, DeRaps responded that she “got the darn [crate] out” and that she “did just as much” that day as the other dockworkers.

After working a full shift on July 31, 2001, DeRaps received a termination call from Harper. Harper later told the investigator she fired the woman because she was perceived to be a hazard on the dock due to her inability to lift the heavy crates known as “totes.” DeRaps’ inability to offload some of the containers prompted at least one fisherman to help her unload his boat, a task that is generally the exclusive domain of the dockworker.

“[Harper] states that when the boats come in, they want to get unloaded and go,” Haskell wrote in her report. “They do not want to help unload the boat after they have been out fishing.”

DeRaps told Haskell that during the phone call, Harper said that “a woman shouldn’t have been hired for this job. This is a job for a man. … I know the health risk in this job. I’ve dealt with it myself and you can get hurt badly and I don’t want to end up paying workman’s comp later on. … I don’t want a woman on my dock.”

Harper denied ever telling DeRaps that she did not want a woman doing the job, but acknowledged she had mentioned the inherent dangers of having a worker on the dock who was not up to the physical challenges. She also pointed out she has employed two other women at the dock, including one who had worked there four years.

When asked by Haskell whether she had ever had any problems working for Harper because she was a woman, one of the female dockworkers replied, “No, for God’s sake, no.”

In reaching her recommendation that discrimination had not taken place, Haskell wrote that “only two people will ever know what was really said” during the telephone conversation between Harper and DeRaps. Still, she said, the totality of the evidence did not support DeRaps’ allegation of sexual discrimination.

“The evidence presented supports the contention that [DeRaps] was discharged because she was found to be unable to do the job,” Haskell wrote.

DeRaps did not appear to contest Haskell’s findings Monday during the regular meeting of the Maine Human Rights Commission, which upheld the investigator’s recommendation.

Other cases before the commission on Monday resulting in findings that sexual discrimination in the workplace had not taken place included:

. Natalie Norton of Milbridge against the Washington-Hancock Community Agency, Milbridge.

. Craig Hobson of Ellsworth against The Jackson Laboratory, Bar Harbor.

. John McPeek of Bangor against St. Joseph Healthcare, Bangor.

. Elizabeth Richards of Bar Harbor against North Country Associates Inc.,Bar Harbor.

Unfounded complaints of unlawful discharge in violation of the Whistleblower’s Protection Act included:

. Andrea Woodbury-Shunk of Morrill against Tall Pines Rehabilitation and Living Center, Belfast.

. Steve Veneziano of Hampden against Town Auto Sales, Ellsworth.

. Alan Wood of Belfast against Atlantic Home Health, Brunswick.

. Michael Driscoll of Calais against the Maine Department of Behavioral and Developmental Services.

Unfounded complaints of unlawful discharge due to a disability protected under the Americans with Disabilities Act included:

. Jeffrey Gagner of Baileyville against Domtar, Baileyville.

. Joe McGowan of Orrington, against Old Town Canoe Co., Old Town.

. April Estabrookdoore of Garland against the town of Garland.

. Soad Gusha of Brewer against Maine Mental Health Connections Inc. d/b/a The Together Place of Bangor.

. Ciana Rapha of Bangor against Wings for Children and Families Inc., Bangor.

The commission also found there were no reasonable grounds to support a claim of racial discrimination filed by LeRoy Ellis of Skowhegan against The Home Depot of Augusta.