November 23, 2024
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Woman wins case in rights dispute Greyhound Bus in Portland cited

AUGUSTA – Juana Espinal had traveled by bus from New York City to Portland to visit family many times, but two years ago, her journey to Maine ended in confusion, accusations of theft, and tears.

On Monday, the Maine Human Rights Commission ruled Espinal was wrongfully discriminated against by the Greyhound Bus Co. of Portland. The panel voted to find reasonable grounds to her claim that, because of her national origin, she was wrongfully accused of attempting to steal luggage.

In its response to the complaint, Greyhound denied discriminating against the woman. The company did not have a representative at Monday’s meeting to rebut the complaint.

Victoria Hershey, who represented Espinal before the commission, said Espinal was traveling by bus on July 23, 2005, to visit her daughter and other relatives who live in Portland. On arriving, she retrieved her luggage from the compartment under the bus but was then confronted by a clerk from the terminal.

The clerk seized Espinal’s baggage, and took her handbag from her shoulder, explaining that another passenger had come to the terminal saying Espinal was taking luggage that did not belong to her.

Since Espinal does not speak English very well, she did not understand what was happening, Hershey said. Police officers were summoned, and Espinal tried to get them to contact her daughter, whose beauty salon was nearby.

The bus company officials then decided to send the luggage Espinal claimed was hers on to Bangor, and if no one claimed it there, they would conclude it was hers. Hershey said Espinal tried to explain that there were perishable food items in some of the bags.

According to the report on the complaint filed by the commission’s investigator, Espinal said, through her daughter who translated, “I began to cry while continuing to retrieve my luggage. … There were a lot of people around and on the bus. I was embarrassed they would think I was someone who would steal luggage.”

Finally, Espinal was asked to describe the contents of the bags, and they were opened. Greyhound officials then believed the luggage was Espinal’s.

Hershey told the commission the bus employees should have asked passengers if the luggage belonged to any of them, and if no one else claimed it, they should have concluded it belonged to Espinal.

“I say Juana was singled out” because of her ethnic background, Hershey said. “Greyhound Bus made a grave mistake,” she said, adding the company should train employees how to handle such a situation.

The clerk’s deciding to take Espinal’s handbag from her “was an incredibly frivolous gesture,” Hershey said.

Investigator Robert Beauchesne, who recommended the commission find no reasonable grounds to Espinal’s complaint, told commissioners Monday though the incident was no doubt humiliating, in order to prevail, Espinal had to show it occurred because of her national origin.

Beauchesne said Greyhound had to act after getting the complaint, regardless of the subject’s national origin.

But commissioners did not agree.

Commissioner James Varner said it seemed she was singled out because she was a person of color.

“To take a personal handbag was going too far,” he said.

During Monday’s deliberations, Espinal, who was on hand with her daughter and granddaughters, began crying and had to leave the room.

The commission voted 3-1 to find reasonable grounds to Espinal’s complaint. The complaint will proceed to a conciliation hearing. If that fails to find resolution, the complaint can proceed to Superior Court, where damage awards can include a monetary settlement.

The case reminded commissioners of a complaint they ruled on in January, in which a bus driver working for the Greater Portland Transit District mistook an Iranian-born man for a Hispanic man wanted by the FBI. The man was removed from the bus by police but later found to be the wrong man and released.

In that case, the investigator recommended no reasonable grounds be found to the complaint, but the commission ruled there was merit to the discrimination claim.

In other cases heard Monday, the commission found reasonable grounds in a complaint by Jonathan Palumbo of Winslow against R.H. Reny Inc. of Newcastle. Palumbo worked as an assistant manager in the Belfast Renys store and was allegedly fired for calling in sick.

The commission ruled Palumbo had appropriately notified store management that he was suffering with a mental illness, and the company should have made accommodations for him.

The commission also found reasonable grounds in a complaint by Sharon Veach of Etna against Aubuchon Hardware of Newport. Veach claimed she was sexually harassed by a co-worker and the business did not address the situation adequately.

And the commission ruled in favor of a complaint from Charles Moon of Monson against Webber Energy Co. of Dover-Foxcroft. Webber Energy allegedly refused to hire Moon after learning that he had high blood pressure.

The commission found no reasonable grounds in the following cases:

. Gayle Morin of Bangor v. Bangor Hydro-Electric Co. of Bangor.

. Carley Hatt of France v. Ephemere LLC of Camden.

. Carmelo Moccio of Waldoboro v. B.P. Properties of Augusta.


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