Illegally discriminated against because of her hearing disabilityOn Monday, September 18, the Maine Human Rights Commission found "reasonable grounds" in a case of employment discrimination involving Janet Flynn of Scarborough and a consignment shop, Cherished Possessions, in South Portland. A long time employee, Flynn had been with the shop through a sale to new owners. According to the Bangor Daily News, "One of the new owners, referred to as "Ms. Owner" by the investigator, told Flynn that her hearing loss was affecting her work. Flynn told commissioners she finally acknowledged her hearing loss and bought a hearing aid. But even after getting the hearing aid, the store owner, in front of other employees, told Flynn her hearing was a problem. The store owner told commissioners Monday that Flynn was inadvertently ignoring customer questions and telephone calls because of her hearing loss, and that she addressed the matter with two store managers to confirm that assessment. Flynn said the manner in which the store owner addressed her was demeaning, and constituted harassment. Flynn's hours at the store were reduced, and she was finally terminated, Flynn said. Commission investigator Barbara Lelli told commissioners employers "can't tell employees what to do with their disability," but should instead focus on job performance issues, such as noting that the employee was missing customer questions and phone calls. In her report, Lelli said the store owner "publicly humiliated Ms. Flynn by loudly calling for employees and managers to gather around and demanding that each of them say, in front of Ms. Flynn, that Ms. Flynn 'does not hear.' Ms. Owner's behavior was highly offensive. Ms. Flynn was so embarrassed that she broke down and cried." Commissioners agreed with Lelli's recommendation that reasonable grounds existed to believe Flynn was illegally discriminated against because of her hearing disability." Source: Bangor Daily News 101006 |