Investigator favors Cianbro in rights claim

AUGUSTA – An investigator with the Maine Human Rights Commission has determined that Cianbro Corp. of Pittsfield did not discriminate against an African-American man from Westbrook when he was not rehired as a carpenter.

Reginald R. Washby had filed the claim, saying he was not rehired a year ago after being laid off because he was black.

Cianbro’s human resource generalist at the Portland office, Kevin Murphy, said Washby’s skill level, attitude and sporadic attendance made him increasingly difficult to place.

According to MHRC reports, Washby worked for Cianbro for about six years, between 1995 and 2001. In February 2001, Washby was permanently laid off due to a conviction and incarceration for drunken driving. He lost his driver’s license and was placed on probation.

Washby told investigators he met with Murphy several times, attempting to regain employment, and finally determined he was not hired because of his race.

Barbara Lelli, the MHRC investigator, determined that during 2002, Cianbro employed 144 people from minority races out of a total work force of 1,921.

Lelli also reported that Cianbro’s recall policy is to first rehire those on medical leave or temporary layoff, followed by workers on indefinite layoff, finishing with new applicants or previously terminated employees.

Washby fell into the third level and was given consideration along with new applicants, said Lelli.

She determined that during the time Washby was reapplying to Cianbro, the company hired white employees for jobs that fit Washby’s driving restrictions, but they had qualities that Washby lacked. Also during that time, Cianbro hired six African-American workers, three Hispanic workers and two Asians.

“It is undisputed that Mr. Washby has no driver’s license and has probation restrictions that make it necessary for him to be at home at night,” wrote Lelli. “He was not a desirable candidate, having nothing to do with race.”

Lelli reported “there are no reasonable grounds” for a human rights action and advised that the complaint should be dismissed.

The MHRC will formally vote on the dismissal on Monday, Dec. 8.