Attorney Martin Tartre recently achieved a significant victory for employee rights when he successfully argued before the Maine Human Rights Commission (MHRC) to overturn an Investigator’s initial finding of “no reasonable grounds” in a case alleging discrimination and retaliation under the Maine Whistleblowers’ Protection Act (MWPA) and Maine Human Rights Act (MHRA).
The case centered on an employee who alleged that they faced unlawful discrimination on the basis of race, color, and national origin and also faced retaliation after reporting workplace misconduct. Initially, the MHRC Investigator concluded there were no reasonable grounds to believe that discrimination or retaliation occurred. However, Attorney Tartre identified critical errors in the Investigator’s analysis and successfully persuaded the panel of MHRC Commissioners to unanimously reverse the Investigator’s findings.
Key Arguments That Turned the Tide
- Incorrect Causation Standard: Attorney Tartre argued that the Investigator applied an incorrect causation standard for claims under the MWPA. He emphasized the Investigator applied a “but for” causation standard when a “substantial factor” standard should have been applied. By clarifying the appropriate standard, Attorney Tartre demonstrated that his client’s claims met the threshold for reasonable grounds.
- Failure to Identify Final Decision-Maker: One of the pivotal points in Attorney Tartre’s argument was pointing out that Investigator failed to properly identify the final decision-maker responsible for the termination. He argued that the Investigator did not identify the final decisionmaker or how the decision to terminate the employee’s employment was made. Without the identity of the final decisionmaker or how the decision to terminate was made, the Investigator could not determine whether discrimination or retaliation had occurred.
- Evidence of Pretext: Attorney Tartre highlighted how the Investigator downplayed the substantial evidence of pretext present in the record. For instance, when the employee was terminated, the employer sent a letter to the employee stating that his termination was not “for cause” and that they needed a “different skillset”. However, after the employee filed a charge of discrimination alleging discrimination and retaliation, the employer claimed that the employee was terminated for poor performance. Attorney Tartre successfully argued that the employer had shifted their reason for termination from a “no cause” reason for termination to a “for cause” reason for termination by citing performance which constituted substantial evidence that the employer’s stated reason for terminating the employee was pretext to mask unlawful discriminatory and retaliatory animus. Attorney Tartre argued that this evidence of pretext gave the employee an “even chance” of succeeding in a civil lawsuit, which is the standard for a finding of “reasonable grounds” at the Maine Human Rights Commission.
A Win for Justice
The MHRC panel agreed with Attorney Tartre’s arguments and unanimously issued a “reasonable grounds” finding, reversing the Investigator’s recommended findings. This decision not only vindicates the employee’s rights but also underscores the importance of holding employers accountable for retaliation and discrimination.
This outcome is a testament to Attorney Tartre’s legal expertise and commitment to his clients. His ability to identify procedural and substantive errors in the investigative process, coupled with his persuasive advocacy, ensured that his client’s case received the fair consideration it deserved.
What This Means for Employees
This victory is a reminder that employees who face retaliation or discrimination should not lose hope, even in the face of initial setbacks. Attorney Tartre’s success before the MHRC demonstrates that a thorough understanding of the law and a strategic approach can make all the difference. For employees who have been wronged, it’s crucial to have an advocate who is willing to fight for justice every step of the way.
If you believe you’ve been subjected to discrimination or retaliation in the workplace, contact our attorneys at Employee Rights Group to discuss your rights and options. With a proven track record of success, our attorneys are ready to help you stand up for what’s right.