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Employment discrimination - Motion in limine granted excluding Maine Human Rights Commission finding in favor of plaintiff.

U.S. District Court, Portland, Maine

The plaintiff was employed by the defendant security transportation company as an ATM technician. She claimed gender discrimination where she was denied a promotion that was given to a male employee. The plaintiff filed a complaint with the Maine Human Rights Commission, which issued a statement of finding in her favor. The plaintiff was later terminated from her employment.

She claimed gender discrimination arising out of the denial of the promotion, and that she was wrongfully terminated in retaliation for her complaint with the Maine Human Rights Commission. The plaintiff claimed lost wages and benefits, compensatory and punitive damages.

The plaintiff was terminated from her employment approximately one year after she was denied the promotion. The plaintiff’s witness testified that he had recommended the plaintiff for the promotion. The defendant’s witnesses testified that the male who was hired was more qualified for the position. The plaintiff claimed that she was terminated in retaliation for her complaint to the Maine Human Rights Commission, and that she had filed an internal sexual harassment claim against the supervisor who fired her.

The defendant maintained that the plaintiff was terminated due to her failure to fill out required paperwork and for failing to report to repair ATMs when scheduled to do so. The defendant’s witnesses testified that the plaintiff had told coworkers to report her as present on service calls when she was not there.

The defendant entered into evidence the unfiled paperwork that the plaintiff claimed she had submitted, which was produced by the plaintiff in discovery.

In response to the defendant’s motion in limine, the court excluded the entire Maine Human Rights Commission file.

The jury found in favor of the defendant.

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