The Maine Human Rights Commission voted unanimously to uphold the investigator’s recommendation of no reasonable grounds to find unlawful discrimination in Anne Royal’s complaint against Ankle and Foot Associates.
Royal testified that while working as a medical assistant she was subject to what she described as repeated sexualized and unprofessional conduct by a manager and that she was told to “effing leave” and not return shortly before her employment ended. Royal told the commission she had worked in medical settings for years and that the office’s conduct and procedural lapses made her uncomfortable. She said she had planned to transfer offices before the incident but that the termination followed immediately after the confrontation.
Respondent counsel, Attorney Snyder, urged commissioners to accept the investigator’s detailed report, characterizing Royal’s employment as “rife with documented performance issues,” including serial attendance problems, prior write-ups for insubordination, and two instances the employer described as Royal walking off the job without permission. Snyder said the disciplinary meeting that preceded Royal’s termination had been scheduled the day before the complainant’s report of harassment and that the supervisor who set the meeting did not know of the harassment complaint when the meeting was arranged. Snyder said Royal refused to participate in the employer’s follow-up investigation and that there was no contemporaneous documentation tying her absences to a medical disability or accommodation request.
Investigator Shikin O’Reilly, who completed the investigation and wrote the report presented to the commission, answered commissioners’ clarifying questions but did not recommend changing the written findings.
Commissioner Ed David moved to adopt the investigator’s recommendation of no reasonable grounds; the motion carried with Commissioners O’Brien, Douglas, Walker and Sanders voting yes. After the vote, commissioners emphasized that the outcome did not mean Royal had not experienced mistreatment; rather, they said, the record and timeline did not support a discrimination or retaliation finding under the statute.
The commission said it will send a written letter to the parties explaining the next steps.