Maine high court denies shipyard guard’s bias appeal

PORTLAND – The state supreme court Tuesday denied the appeal of a longtime security guard at Bath Iron Works who sued the shipyard for disability discrimination after it deemed him unqualified to carry a firearm.

In a 5-2 ruling, the Supreme Judicial Court concluded that Daniel LePage failed to meet the statutory deadlines for filing his claims with the Maine Human Rights Commission and the Superior Court.

LePage, who worked as a guard at BIW since 1982, underwent various tests to qualify for carrying a firearm following a Navy requirement after the Sept. 11, 2001, terrorist attacks that guards at certain stations be armed.

Based on a psychological evaluation that cited aggressive tendencies, difficulties in getting along with others and inappropriate judgment in times of stress, the shipyard concluded that LePage should not carry a firearm. He was assigned to posts that do not require an armed guard, and he did not receive the $2 an hour pay increase that armed guards receive.

After the Human Rights Commission authorized LePage to sue, he filed a lawsuit alleging discrimination based on a perceived mental disability, retaliation by his employer and intentional infliction of emotional distress.

The Superior Court ruled in the shipyard’s favor on all counts, concluding that LePage failed to demonstrate a prima facie case of discrimination and citing the failure to file his claims in a timely manner.

The supreme court was divided on whether the statute of limitations should begin to run when LePage was aware of the alleged discrimination in April 2002 or when BIW notified him in a letter more than a year later that its decision was permanent.

The majority found that even though a shipyard official held out hope to LePage that the decision could be reconsidered, it does not alter the date at which he received notice of the alleged discriminatory act.