Panel backs man’s harassment complaint

AUGUSTA – The Maine Human Rights Commission has found reasonable grounds to believe that unlawful discrimination occurred involving a Millinocket man’s complaint that his employer harassed him on the basis of sex and sexual orientation.

The commission on Oct. 27 agreed with its investigator’s report that Patrick Day of Millinocket unlawfully harassed Douglas H. Birt.

“The undisputed evidence in this case is that respondent, Patrick Day, harassed the complainant, Douglas Birt, on the bases of sex and sexual harassment,” the investigator’s report said.

Day, doing business as Main Street Market and Day’s Diner, was notified of the charge of discrimination but did not admit or deny the claim, according to the commission.

Birt, a white heterosexual male, worked for Day from Nov. 15, 2007, to Jan. 9, 2008. Birt’s job was to fix up a building that Day planned to use as a market and diner. The building also contained rental units.

At the time of the alleged harassment, Day was opening Main Street Market and Day’s Diner and managing rental units in a building located on Main Street in Millinocket.

According to the investigator’s report, Day hired Birt in November to use his truck to haul debris and to do work on the building. Day agreed to pay him $8 an hour at first and to increase the pay to $10 an hour.

Birt said he worked 12- to 14-hour days. The market and diner were scheduled to open in February 2008.

In December, Day evicted a tenant from the building and rented the apartment to Birt in exchange for a portion of his labor.

Birt said that from the start of his employment, Day became “overly friendly” and said things that offended him. Day joked about having a homosexual relationship with Birt, according to the commission’s report.

Birt said he did not take the overtures seriously at first but tried to make it clear that he was not interested and at one point told his employer that he was not gay, according to the report.

Day also said things about Birt having been in prison, and implied that he must have tried having sex with men while he was in jail. Birt said he had gay friends in jail but that he was “100 percent straight,” the report stated.

At other times, Day would slap Birt’s buttocks or rub his shoulders.

By the end of December, Birt said, Day owed him $700 in wages.

When Birt complained, Day put an eviction notice on his door, giving him three days to move out.

When Birt asked why he was being evicted, Day told him he should have “switched teams,” which the investigator construed as meaning Birt should have accepted Day’s sexual advances.

The commission is the state agency responsible for investigating complaints of discrimination under the Maine Human Rights Act. This is different from a court action. Complainants have the option of filing an action in Maine Superior Court.

The deadline for filing a court action is two years from the date that the alleged unlawful discrimination occurred, according to the commission’s Web site.

gchappell@bangordailynews.net

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