Jury awards former Cianbro worker $747,000 in disability bias lawsuit

WATERVILLE -- A jury at U.S. District Court in Bangor this week awarded a Waterville man $747,000 in back pay and damages, in what could be the largest employment disability discrimination case in the state's history.

Ronald Harding, 59, of Upper Main Street, won the federal lawsuit against Cianbro Corp. of Pittsfield for terminating his employment because he has fibromyalgia, a chronic and severe disorder of the muscles and joints.

Harding had worked at Cianbro for more than 18 years, most recently as an electrical superintendent, before he was terminated in September 2002, according to his lawyer, Jeffrey Young of Topsham.

The effects of fibromyalgia are severe pain, muscle cramping, fatigue and sleeping disorders, Young said. It affects only 5 percent to 7 percent of the population.

"Discrimination against disabled employees is far too common, even though it is illegal under both federal and Maine law," Young said in a statement. "Disability discrimination has devastating consequences for the victim and costs our state through the lost productivity of committed, hard-working people such as Mr. Harding."

Young said that, while such discrimination is common, it is very difficult to prove. He said the jury understood the evidence presented during the six-day trial.

The jury deliberated for about four hours before returning with the finding in Harding's favor, Young said.

Additional damages for lost future earnings, attorney fees and interest remain to be determined, he said.

"I think this is a large one," he said of the award. "It might be the largest employment disability discrimination case in state history.

"Mr. Harding and I hope that this sends a message to Cianbro and other employers that productive, disabled employees should be respected and encouraged, not terminated."

Young was joined at the plaintiff's table by associate Stephanie Jazlowiecki. They are part of the Topsham law firm of McTeague, Higbee and Case.

Representing Cianbro in the case before U.S. District Judge John Woodcock were James Erwin and Ella Brown of the Portland law firm Pierce Atwood.

A call to Pierce Atwood on Wednesday was directed to Cianbro's human resources manager Rita Bubar in Pittsfield. She said it was too early to determine if the company will appeal the ruling.

"We're evaluating our options right now," Bubar said. "We were very disappointed with the jury verdict."

Bubar said the same case was brought before the Maine Human Rights Commission in 2003 and was dismissed as having no reasonable grounds to proceed with charges against Cianbro.

"The medical issue had no bearing on our decision to terminate Mr. Harding in 2002," she said.

Cianbro was founded in 1946 by Cianchette brothers Carl, Chuck, Ken and Bud and incorporated three years later.

The company is now employee-owned and one of the largest civil and heavy industrial construction companies on the Eastern Seaboard.

Annual sales at Cianbro are reported on its Web site at $360 million. The company has 2,000 employees.

Cianbro has been responsible for the construction of fish-passage systems for three hydroelectric dams on the Kennebec and Sebasticook rivers and is finishing the $84 million Penobscot Narrows Bridge and Observatory connecting Waldo and Hancock counties.

The company has done work at the Pentagon, L.L. Bean and Eastern Maine Medical Center.

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