Report: Moody's Diner discriminated against employee
Moody’s Diner, a popular restaurant in Waldoboro, was found to have discriminated against an employee, an investigator with the Maine Human Rights Commission has concluded.
Investigator Michele Dion wrote in an Oct. 17 report that “there are reasonable grounds to believe” that Moody’s Diner discriminated against server Allina Diaz of Auburn, in part by creating a hostile work environment because of her religious beliefs, or lack thereof. She said there also are reasonable grounds to believe Diaz faced retaliation for reporting the treatment.
Moody’s Diner has denied any unlawful discrimination or retaliation and said that Diaz has “failed to show that any adverse employment action was taken against her,” the report said.
Dion recommended in her 14-page report that the Maine Humans Rights Commission issue those findings and that Diaz, the complainant, and the co-owner of Moody’s Diner, who is not named in the report, attempt to reach conciliation.
The Maine Human Rights Commission will decide whether to move forward with the investigator’s recommendations at its Nov. 17 meeting, where both sides of the complaint will have a chance to speak if either of them disagree with the investigator’s report. If conciliation is not successful, the matter could be taken to court.
The Courier-Gazette reported that Diaz is still employed by Moody’s Diner.
According to the investigator’s report, Diaz began facing discrimination from the restaurant’s co-owner after she started a romantic relationship with his son, who also works there. “Their [the co-owner and his wife] opinion was that the son had to choose between the complainant [Diaz] and God, because if he believed in God, he would not be dating her,” the report said.
The co-owner said an employer’s actions against an employee cannot be supported by a discrimination claim if a personal relationship triggered it, according to the report. The co-owner had suggested that Diaz and his son both find a new job because he would not support their lifestyle. Diaz refused to find a new job, citing a desire to overcome personal differences.
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