Panel: Race may have played role in firing
Kennebec Journal & Morning Sentinel 09/23/2008

AUGUSTA -- The Maine Human Rights Commission on Monday found that a Vassalboro man was unlawfully fired two years ago from a job with a small sandblasting company because of his race, color or national origin.

Commissioners voted 4-0 Monday to conclude there were "reasonable grounds to believe Ernest (Tony) Ortiz was harassed and terminated on the basis of race, color and national origin" by Hamilton's Sandblasting of North Vassalboro.

Ortiz, who is Hispanic, worked for Randy Hamilton, owner and operator of Hamilton's Sandblasting, for about a month in September and October 2006.

Ortiz, through his attorney, Stephanie Jazlowiecki, said he was fired after complaining about Hamilton referring to him in a derisive racial term.

"The termination occurred after several incidents of this language being used," she said in a public hearing Monday in Augusta prior to the commission vote.

"The language used was offensive and inappropriate," said Jim Mitchell, Hamilton's attorney. "Mr. Hamilton said he didn't mean it as an insult. He was using it as slang."

Hamilton used a contemptuous term for a black or dark-skinned person, the investigator's report said.

Commission findings are not law, but may become grounds for lawsuits.

After a finding of reasonable grounds to believe discrimination occurred, parties are asked to go through a conciliation process to reach a settlement.

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