The Human Rights Commission voted that there are reasonable grounds to believe Piedmont Airlines discriminated against an employee, Heath Holland, on the basis of religion by denying a requested scheduling accommodation and assessing dependability points that extended his probationary status.

Investigators found the core fact that Holland, who observes the Sabbath from sundown Friday to sundown Saturday for religious reasons, requested that a Friday-night aircraft-search training shift be rescheduled. Investigator Jane O'Reilly concluded the employer did not provide a sufficient justification for denying the accommodation and that the subsequent assessment of dependability points contributed to an extended probationary period. O'Reilly wrote in the record that "respondent at no point provided a sufficient argument for why'that request to change his training time would pose an undue burden." She concluded the denial and the points together amounted to an adverse employment action.

Piedmont counsel argued the attendance points were immaterial because they carried no immediate economic penalty and ultimately rolled off Holland's record, and the employee had since passed probation and continued employment without lost wages or benefits. Attorney Dan Farrington said the training points "did not come with any economic consequence" and that Holland had sufficient seniority to bid schedules that avoid Sabbath conflicts after probation.

Commissioners debated whether the extension of probation constituted an adverse employment action for purposes of the Maine Human Rights Act. After hearing testimony and investigator findings, the commission voted to find reasonable grounds and directed staff to attempt conciliation under the statute.

The commission recorded the vote in open session and will send letters to the parties outlining next steps for conciliation.