Ex-teachers sue School Board, claim age bias

Kennebec Journal, May 8, 2008

(excerpt) Two English teachers who retired from the Augusta school system at the end of the 2005-06 school year are suing the school board and superintendent, claiming they were stymied by an age-discrimination policy in their efforts to get rehired.

Mary Cluff, 62, of Winthrop and Jane Paxton, 64, of Chelsea say they were denied posts at Cony High School the year following their retirement because of their age and experience.

They are suing the Augusta Board of Education and Superintendent Cornelia Brown in a complaint filed in Kennebec County Superior Court.

The complaint says the board and superintendent violated the Maine Human Rights Act, which prohibits age discrimination in employment.

In the complaint filed by their attorney David Fontaine, the women are asking for an injunction barring defendants "from engaging in any further unlawful practices," plus back pay, and the monetary value of other benefits.

The lawsuit alleges the district adopted a policy of "No Over 10, " meaning that, where possible, only teachers with less than 10 years experience would be employed.

The policy favors those with less experience and adversely affects those who are older and more likely to have more than a decade of experience, the lawsuit says.