PORTLAND — Attorneys for Allina Diaz, a former employee of Moody’s Diner, in Waldoboro, are asking for a jury trial in U.S. District Court to address grievances against the restaurant that they say violated the Civil Rights Act of 1964; citing the prohibition of religious discrimination.

Moody’s Diner Attorney Robert Brooks issued a statement the day of the filing, saying: “Although Moody’s Diner has not yet been served with the Complaint, we understand that Ms. Diaz is making the same allegations that were the subject of prior media reports. Moody’s Diner will continue to defend itself against Ms. Diaz’s allegations and maintains that it never subjected Ms. Diaz to any form of religious discrimination or retaliation. Moody’s Diner is committed to providing a workplace free of any type of illegal discrimination. We are confident that once the court considers all the facts, the court will reject Ms. Diaz’s claims.”

The suit was filed May 5 in Portland, after Diaz had proceeded with an earlier complaint through the Maine Human Rights Commission, the normal course of action for employee-related grievances. She had submitted her complaint in September 2014 to the Commission, which investigated and found reasonable grounds to believe that unlawful discrimination had occurred.

The case took on even more far-reaching implications, as Governor Paul LePage inserted himself in the proceedings.

The May 5 suit filed in federal court cited that development, saying that because of the Governor’s involvement and Moody’s using political influence on the Human Rights Commission, “Diaz had to prepare for and appear again at the Commission, this time to justify why the case should not be re-opened to give Moody’s another and new hearing. The Commission denied Moody’s request but the effort added to Diaz’s anxiety and intimidation and considerably ran up her costs and fees.”

Read: Memo: LePage inserted himself in religious discrimination case against Moody's Diner

The federal court case, filed by Rebecca Webber and Amy Diederich, of the Auburn-based firm Skelton Taintor and Abbott, is asking for a judgment that declares Moody’s guilty of religious discrimination, retaliation and interference.

According to Webber, “Moody’s, by and through its employees, agents and/or representatives, coerced, intimidated, or threatened Diaz while Diaz was in the course of her employment with Moody’s.”

The case also accuses Moody’s of inciting its employees to engage in discrimination against Diaz on the basis of religion.

The Civil Rights Act passed in 1964 made it unlawful for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or employment, because of such individual's race, color, religion, sex, or national origin." 

Diaz first began working at Moody’s in Waldoboro in 2002. According to court documents, she began dating the son of the restaurant’s owner in 2012. From that point, conflict arose between his parents and herself, with the suit listing a number of alleged conversations and incidents involving religious beliefs.

The suit also cites other Moody’s employees getting embroiled in the employer-employee conflict.

Diaz filed a complaint with the Human Rights Commission, which was heard Nov. 17, 2014. The Commission subsequently ruled there were “reasonable grounds” to find against the diner.

Attorneys are asking the court to order Moody’s to pay damages, litigation costs, expert witness fees, and attorneys’ fees, and to reimburse Diaz for any back pay, pension, health and Social Security benefits “in amounts to be show at trial.”

They are also asking the court to order Moody’s to pay Diaz compensatory damages for non-pecuniary losses, including, but not limited to, pain and suffering, psychological upset, and interference with the enjoyment of life.”

Reach Editorial Director Lynda Clancy at lyndaclancy@penbaypilot.com; 207-706-6657