Former employees claim age major factor in USM hiring (Printed Dec. 4, 2009)

By David Harry
Staff Writer

A state senator and a staff writer for the Leader are among six former University of Southern Maine employees who claim they are victims of age discrimination in a university hiring process.
Sen. Larry Bliss, D-South Portland, 62; Rick Wright, 55, a Sentry staff writer; and Louise Nesbit, 62, are South Portland residents who have said they were denied jobs in a reconfigured student services office because of their age and despite extensive experience as student advisers.
The three were joined in filing complaints with the USM Office of Equity and Compliance by Falmouth resident Darlene Merrill, 59; Margaret Park, 65, of New Gloucester; and Mary Ann Benson, 57, of Portland.
USM Executive Director of Public Affairs Robert Caswell said it is hoped the review of age discrimination claims will be completed by the end of the month.
Caswell said the complaints will also be reviewed by officials from the University of Maine Systems.
Chad Hansen, an attorney representing the former employees, said five have filed complaints with the Maine Human Rights Commission and a sixth complaint will soon be filed.
“We are really at the beginning; this is about getting to the bottom of what happened,” Hansen said.  He said it might take two years for the Maine Human Rights Commission to decide on the validity of the complaints.
The complaints stem from a decision by USM administrators to consolidate three student services offices into one in an attempt to increase student retention and graduation rates, Caswell said.
Offices of Student Advising, Early Student Services and Career Services and Professional Life Development, staffed by 21 employees, were consolidated into a Student Success Center with offices on the USM campuses in Portland, Gorham and Lewiston/Auburn, Caswell said.
The changes were made because an independent review and further research indicated students would be better served by the consolidation, Caswell said. The university retention rate, determined by the number of freshmen returning for sophomore year, is 66 percent compared to about 73 percent nationally. USM graduates about 34 percent of its students, compared to about 50 percent, Caswell said.
USM’s rates were compared to other publicly funded schools across the country with enrollments similar to the 9,700 full-time, part-time, graduate and undergraduate students attending USM, Caswell said.
When the offices were consolidated, USM invited the 21 employees to apply for 19 available positions, including three coordinator jobs.
Hansen, the former employees’ attorney, said the application process led to “results that are odd,” because the six former employees were passed over despite decades of experience advising students.
“If I were a student walking into the office, these are the people I’d want to help me,” said Hansen.
In compiling the complaints, Hansen said he noted positions were filled by employees with far less experience who reportedly commented on how surprised they were to get the jobs.
Caswell said the positions were filled after interviews with search committees comprised of university staff and faculty and the consolidation and search process were discussed with human resource staffs at the university and in the University of Maine System.
Officials from the University of Maine Professional Staff Association, which represents university employees, also were consulted to ensure contractual obligations were met in the consolidation and search, Caswell said.
Caswell said he could not comment on the search process except to say the search committee recommended the six former employees not be offered new positions. Caswell also said the average age of university employees is 49 and that about 50 percent of university of employees are 50 or older.
There are still six open positions to staff the student service centers, Caswell said, and the search to fill them is on hold because of budgetary issues.
But Caswell said the office consolidation was “not a budget-saving exercise.”
Hansen wondered why he was told by his clients the process of interviewing advisors who have helped students prepare for job interviews did not include mentions of resumes or qualifications or why the two staffers most experienced in assisting veterans getting their educational benefits were not offered jobs.
“I think we saw some very disparate results,” Hansen said.

Staff writer David Harry can be reached at 282-4337, ext. 219.

 

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