AUGUSTA, Maine — The Maine Human Rights Commission on Monday morning found reasonable grounds to believe that a Vassalboro man had been harassed and discharged by his former employer, Hamilton’s Sandblasting of North Vassalboro, because of race, color and national origin.
In Ernest “Tony” Ortiz vs. Hamilton’s Sandblasting, Ortiz, represented by attorney Stephanie Jazlowski, charged that his employer, Randy Hamilton, represented by attorney Jim Mitchell, discriminated against him and terminated him from his job because Ortiz complained about racist statements Hamilton made.
Hamilton denied the charge of discrimination and said Ortiz was let go because he would not work and had a bad attitude.
Ortiz is Hispanic, is of Portuguese descent and has dark skin, according to the commission investigator’s report. Hamilton’s Sandblasting employed Ortiz as an assistant to the owner and operator for one month from September to October 2006.
Ortiz said Randy Hamilton paid him approximately $2,000 “under the table” for work he did at Hamilton’s home and other places.
Mitchell said there was some question concerning whether Ortiz was actually an employee and how much he had been paid.
Jazlowski said her client had been an employee and that he was terminated right after he complained about the abusive language used by his boss.
Hamilton, the sole proprietor, works on sandblasting projects usually with one other person.
A mutual friend of Hamilton and Ortiz, known in the report as RH, also provided information in the case.
Ortiz said Hamilton used a racial slur while working with him in Bangor in reference to a radio station and the music to which Ortiz had been listening. He also told Ortiz that black people are a waste of flesh and skin, according to the investigator’s report.
Hamilton further told RH on Oct. 20, 2006, that “Tony looks like a [N-word] and acts like a [N-word], so I guess he’s a [N-word],” the report stated.
When Ortiz complained to Hamilton about his use of the word, Hamilton fired Ortiz and ordered him off the job, using an obscenity and threatening “to kill him” if he didn’t leave, according to the report.
After being discharged, Ortiz walked the 15 miles to his home.
In a later conversation with RH, Hamilton said he meant to say that Ortiz “acts just like a [N-word] that doesn’t want to work,” according to the report. Hamilton said he told Ortiz the next day that what he had meant by the statement was that Ortiz had a bad attitude — that he would not work weekends, that he was not a good enough worker, and that he made Hamilton wait when he picked up Ortiz in the morning for work.
GT, a friend of Ortiz, told the Human Rights Commission investigator during fact-finding that Ortiz had been “hysterical” and “quite distraught” right after the confrontation with Hamilton. GT said that Ortiz was not very excitable as a rule and that after the interaction he was hurt by the statement.
GT said he had heard from others that Hamilton had made racist statements. GT did not say whether the statements were about Ortiz or about others in general.
The commission decided on the basis of the investigator’s analysis that Hamilton’s reason for firing Ortiz was untrue and that Ortiz was discharged after complaining about having been disparaged in clear violation of the Maine Human Rights Act.
The commission decided Hamilton’s comment about “[N-word]s coming to Maine to live off the state” supports his discriminator intent and underscores the fact that he treated Ortiz differently. The commission agreed that Ortiz would not have been terminated but for his race, color and national origin.
On 9/23/08 at 7:17 AM,
pseym4 wrote:
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Racist!
On 9/23/08 at 8:20 AM,
Tikitorch wrote:
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I feel for Mr Ortiz and his situation, but have to wonder his choices as well... Working "under the table", that too seems a little illegal itself....
On 9/23/08 at 11:06 AM,
hittingcleanup wrote:
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Tikitorch must have never mowed lawns, shoveled driveways, babysat or anything remotely similar. All of those are also paid under the table. The real point here is that Ortiz was subjected to filth day in and day out by a loser. To go one further, mabye Mr. Ortiz would have claimed his income on his tax return. Information that is not in the story, so I guess Tiki you are just trying to slowly turn this thing over to Ortiz and put blame on him. Maybe you are a closet racist!! Your an idiot for bringing that up.
On 9/23/08 at 11:20 AM,
seeult wrote:
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ortiz was willfully stealing from the gov. by not paying taxes is no one worried about that?
On 9/23/08 at 1:51 PM,
SteveyDee wrote:
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WAAAAAAAAAAAAAAAAA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! He said th N-word. Thin skin thats all. Better toughen up or he wont last long.
On 9/23/08 at 1:52 PM,
SteveyDee wrote:
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Wow that was fast!!!!!!!
On 9/23/08 at 1:53 PM,
SteveyDee wrote:
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Tito pass me a tissue??????? The issue at hand is the tissue at hand?
On 9/23/08 at 2:00 PM,
SteveyDee wrote:
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She could be a closet drinker or a closet racist, or both.
On 9/23/08 at 2:20 PM,
Tikitorch wrote:
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Yes I did babysit when I was a teenager. I am now an adult who pays taxes. What I meant is.. Maybe it should have been a hint to this guy that the employer had "on the book" employees and was putting him of off the books illegally. Meaning the employer was shady..and yeah... Under the table means no taxes... The article does not say he was hired as a subcontractor which my family does... That is different, you then have a tax id and get paid by checkand have to claim it..... I was not transferring the blame.. As my comment mentioned.. I Feel sorry for the guy!!!! Guess Hittingcleanup is a little defensive and can't read the whole comment!
On 9/23/08 at 4:46 PM,
Manny24 wrote:
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I believe the attorney's name is Jazlowiecki; one of the rising stars in the Maine legal world....
On 9/23/08 at 7:43 PM,
Johninphilippines wrote:
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Determine if Mr. Ortiz was of legal capacity to reside and work in the US first. Check the credentials. Then, determine his financial status. I know on a business and personal history that minorities generally find ways to sue their employers, or feign an act or accident against them, or create false reports, just to gain a contract settlement agreement "CSA" in the end, to make them legally rich from the settlement. Now, if all these aforementioned situations are not true, and do not hold evidence, then we seem to have a racist problem here...with Mr. Hamilton. Hamilton seems to harbor some dislike and prejudice towards Blacks...and anyone else who may have skin that is "non-white". Find out the reasons. Nevertheless, noplace is the place to vent one's attitude with despicable remarks such as Hamilton has allegedly made. I agree with the Commission's results. Seems Ortiz gets some "reward", anyway...legally. And to those thinking this is a funny issue...it is far from funny. If your comments and actions are vented in other areas of the world (or the US) such as you are making, you may not live to see the next day. This, I know, has to be a learning curve for those who hold prejudices against any people's of the world. Nobody can do one absolute thing about living with peoples of this world who have different"skin color", cultures, heritages, native homes or the like. We are all in it together. If your little ego's get in the way...don't worry...100 years from now it won't make any difference, anyway, will it?
On 10/10/08 at 8:07 AM,
ahamilton wrote:
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I dont think that its far for anyone to take sides. The only side that you are really getting to hear is Ortiz. I come from a family that has its differances. I have a sister that is half black, my stepfather is black, and many other. But also Hamilton in this case is my uncle. I'm not saying he was right if he did say the N word. But at the same time you where not there and nobody but Ortiz and Hamilton know what happen. I think Ortiz might be making this out to be alittle bit more than what it really is. I think that all sides of the story need to be brought to attention.
On 10/10/08 at 8:08 AM,
ahamilton wrote:
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I dont think that its far for anyone to take sides. The only side that you are really getting to hear is Ortiz. I come from a family that has its differances. I have a sister that is half black, my stepfather is black, and many other. But also Hamilton in this case is my uncle. I'm not saying he was right if he did say the N word. But at the same time you where not there and nobody but Ortiz and Hamilton know what happen. I think Ortiz might be making this out to be alittle bit more than what it really is. I think that all sides of the story need to be brought to attention.
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