The Human Rights Commission dismissed a complaint from Sarah Lamontagne alleging that the State Board of Social Work failed to discipline a therapist and thus enabled discrimination against patients based on gender identity.
Lamontagne told commissioners she believed the board had dismissed many complaints and "given free rein" to providers who should be disciplined, and she said her files and exhibits showed the board had not enforced its own rules. She argued the therapist provided false statements about medications and caused emotional harm during sessions.
Attorney Mendez O'Moral, representing the State Board, said the board followed its standard complaint protocol: the board's complaint committee reviewed the written submissions, allowed the subject to reply, and made a recommendation to the full board. The board concluded that the evidence did not establish a violation of law or board rule and therefore voted to dismiss the complaints. Counsel told the commission that many submitted complaints are dismissed because they do not allege a legal or rule violation.
Commissioners weighed Lamontagne's concerns and the board's process. After hearing from the investigator and both parties, the commission voted to adopt the investigator's recommendation of no reasonable grounds and dismissed the complaints. Commissioners stated that the record contained no evidence demonstrating discriminatory animus or that the board treated this complainant differently from other complainants.
The commission will send written notice of the dismissal to the parties.