At a public hearing of the Maine Human Rights Commission, commissioners voted to adopt the investigator’s recommendation and find reasonable grounds that Lockwood Hills Federal LLC discriminated against an employee, Catherine Moulton, by failing to provide reasonable accommodations for a disability.

Catherine Moulton had been hired for a remote role and sought accommodation to remain remote and to obtain a limited flexible schedule for occasional on‑site tasks. Counsel for the respondent argued the employer had already accommodated the request in practice while the necessity of a blanket, prospective exemption for unforeseeable future on‑site needs was legally unreasonable; counsel also defended a six‑month renewal requirement for health documentation. Complainant’s counsel said denial and the company’s later six‑month recertification requirement placed an undue burden on an employee with an invisible disability and caused anxiety and expense.

The commission agreed with the investigator that the employer’s automatic six‑month recertification requirement and the process used raised legal concerns under the state law’s reasonable‑accommodation analysis. Commissioners voted to find reasonable grounds and to attempt conciliation.

Key points from the hearing
- Respondent counsel Heather Hearn (Coleman firm) told commissioners the employee had been permitted to work remotely and had lost no time or pay, and that asking for periodic renewal in a fully remote, non‑obvious disability case was a reasonable part of the interactive process.
- Complainant Catherine Moulton said she followed employer instructions to request accommodations and that the company later backdated an accommodation only after the complaint was filed with the commission; she also told commissioners the employer required six‑month recertifications even though her physician advised 12‑month reviews, and that seeking periodic recertification cost both time and money (physician fees).
- Investigator Alexander Brinkley said the record supported a finding that the employer’s process for granting and then limiting the accommodation (including the six‑month renewal requirement) raised a plausible claim for failure to reasonably accommodate.

Formal action taken
- Motion to accept the investigator’s recommendation and find reasonable grounds that Lockwood Hills Federal LLC discriminated against Catherine Moulton on the basis of disability: passed (motion seconded; commissioners voted to adopt the recommendation). The commission directed staff to refer the matter to conciliation under the agency’s procedure and to notify the parties in writing.

Why this matters
The commission’s decision does not itself impose penalties; a reasonable‑grounds finding triggers mandatory conciliation. The ruling highlights two recurring practical issues in accommodation disputes: (1) how employers handle requests for prospective or blanket exemptions when future workplace needs are unknown; and (2) the use of frequent medical recertification as part of the interactive process when an employee’s disability is not apparent.

Speakers
- Catherine Moulton — Complainant (employee seeking accommodation)
- Heather Hearn — Attorney, Coleman firm (respondent counsel)
- Alexander Brinkley — Investigator, Maine Human Rights Commission
- Union staff coordinator (identified in record; provided a written comment supporting complainant’s account that the collective-bargaining unit could provide an exemption in past cases)

Authorities cited
- statute: 5 M.R.S. §46‑12 (investigative/conciliation procedure), referenced_by: ["motion to adopt investigator recommendation"]

Clarifying details
- The employer initially permitted the employee to work fully remotely but declined a blanket, prospective exemption from any future on‑site work; the employer later issued a formal accommodation with a six‑month recertification requirement.
- Complainant says the union confirmed an exemption would not violate the collective‑bargaining agreement; respondent said it relied on the CBA as a consideration when assessing future operational needs.

Searchable tags: accommodation, disability, Lockwood Hills, remote work, Moulton, Maine

Provenance: {"topicintro":{"block_id":"s11940","local_start":0,"local_end":60,"evidence_excerpt":"We've heard from the parties. We will now hear from investigator Alex Brinkley."},"topfinish":{"block_id":"s12264","local_start":0,"local_end":80,"evidence_excerpt":"So the findings are reasonable grounds. Thank you both for participating."}}