Six former USM employees say they lost their jobs because of age discrimination during the recent consolidation of student services.
The employees—all of whom are over the age of 50—worked in Advising Services, Career Services and Professional Life Development. The three departments were folded last summer to create the new Student Success Centers on each campus. The University designed the new centers as one-stop information hubs for students in an effort to boost the freshman retention rate above 68 percent.
The consolidation resulted in the elimination of 21 positions, but 19 positions were reopened in the new centers. A search committee that met in July and August did not recommend for rehire the six who allege age discrimination.
“They said that I lacked an understanding of the breadth of the job, which was false, and that I could not multi-task, which was also false,” said Louise Nisbet, 62, of South Portland. Nisbit worked at USM as an academic adviser for nine years. “I was a good academic adviser and was a perfect fit for the position. I loved my work and was shocked to learn that I was not recommended for a position within the new Student Success Centers. They passed over me for younger and less experienced candidates.”
University officials deny age was a factor during the rehiring process.
“I think it was a very fair process,” said Susan Campbell, associate vice president for academic affairs. Campbell oversaw the hiring of the new positions. She declined to comment on specific reasons the six people were not rehired while the matter is in dispute.
“The reasons Ms. Campbell gave for not hiring me into the coordinator position were completely unfounded,” said Mary Ann Benson, 57, of South Portland. “I was given no substantive reason for not being hired into the coach/adviser position. I had no indication whatsoever before-hand that my performance was anything but exemplary and I was completely blindsided by the decision,” she said. “I was told that the reason I was not hired for the coordinator position was that I lacked managerial skills and a broad network of faculty contacts. Both of these were completely false. As Assistant Director, I had managed at USM Career Services for over 19 years, did a very good job and received excellent performance reviews.”
“The reasons that were given to these people don’t add up, they don’t make sense,” said Chad Hansen, a lawyer for Peter Thompson and Associates in Portland who is representing all six of the former employees.
Hansen filed a complaint with the Human Rights Commission, who is investigating the claims. The University is also in the midst of their own internal investigation.Those employees who are union members have also filed grievances.
Although the University did hire back some middle-aged employees, “all of the younger people who were considered were retained,&rdquo said Hansen. “If you look at background and qualifications of those chosen, it’s jarring. These people were good. None of them expected or had any inkling that they were being terminated, they were the most qualified.”
Kelley Wiltbank, a lawyer for the University of Maine System, is handling the case for USM. He was unavailable for comment last Friday.
The six people who allege age discrimination are:
- Larry Bliss, 62, director of Career Services and Professional Life Development and state representative (D, S. Portland)
- Mary Ann Benson, 57, of South Portland, assistant director, Career Services and professional life development
- Rick Wright, 55, of South Portland, academic adviser/coordinator of Veteran Services
- Louise Nisbet, 62, of South Portland, academic adviser/prior-learning assessment associate
- Darlene Merrill, 59, Falmouth, academic adviser/family-member orientation coordinator
- Margaret Park, 65 of New Gloucester, academic adviser/community liaison
Hansen said his clients want their jobs back. When the Human Rights Commission completes their investigation—which could take up to two years—Hansen said he expects to bring the issue to federal court and try to get a judge to issue an injunction ordering the University to rehire the employees and possibly pay backwages.
“They’re all late 50s to early 60s, so they’re getting to the point where it can be rather hard to find jobs,” he said.
USM Spokesman Bob Caswell said search committees considered six criteria during the hiring process:
- Holistic perspective on barriers to student success
- Skills in group dynamics
- Ability to build partnerships with faculty and staff
- Leadership and organizational skills
- Ability to multitask
- Ability to learn new information quickly
“It was reviewed by HR and the campus and the system leaders,” Caswell said of the hiring process, which he maintained was fair and open. UMPSA—the professional staff union—was involved “at the outset,” he said.
Caswell said the average age of USM employees is 49, and almost half of all employees are over 50.