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AUGUSTA: Ex-teachers sue School Board, claim age bias Pair say policy discourages hiring those with experience
BY BETTY ADAMS
Staff Writer
Kennebec Journal & Morning Sentinel 05/08/2008

AUGUSTA -- 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.

Cluff had 17 years of experience as a public school teacher in Maine; and Paxton had 40 years of Maine public school teaching experience.

The two women previously took the school board to arbitration when their job applications were rejected. They lost that case in July 2007 when the arbitrator ruled against them.

Both women claimed they retired after being assured they would be rehired under a Maine State Retirement System provision that allows teachers to retire and begin collecting retirement benefits, but also be rehired, return to work, and collect a paycheck from their school.

Brown said Wednesday she had seen a copy of the lawsuit but had not been officially served notice.

"We'll take it under advisement," she said.

She said the response to the complaint would be filed by attorneys with Brann & Isaacson, the law firm representing the Augusta schools.

Betty Adams -- 621-5631

badams@centralmaine.com

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