The Charles County Board of Education feels they went out of their way to do the best they could for Mrs Austine Fink, wife of Attorney Roger Fink, of the Charles County Attorny’s Office. 

Mrs. Fink thought otherwise, according to the federal lawsuit she filed against the Board of Education, Superintendent James Richmond and Assistant Superintendent for Human Resources, Keith Hettel.  The lawsuit makes seven allegations against the three defendants. 

  • Three counts of discrimination against Mrs. Fink because of her disability.
  • Two counts of illegally withholding her pay
  • Two counts of denying her equal treatment in the workplace

Last August, Mrs. Fink was diagnosed with cancer and took extended leave from her position as an elementary art teacher within the county public school system.  As she neared the end of her recovery period, Mrs. Fink prepared to return to work.  The nature of her illness and treatment disabled her in a way that made it impossible for her to continue to work as an elementary school art teacher, where she’d spent the last twelve years.  She could no longer bend to attend to children as she used to; and she now needed frequent, short breaks throughout the day. 

Mr Fink communicated to Assistant Superintendent Hettel that Mrs. Fink would require a transfer to an “administrative, supervisory, or high school art teaching position”.  Mr. Hettel assured them that he would find something suitable for her. 

During the next two months, November and December, the Finks noticed two seemingly available high school art teacher positions within the county school system.  They were upset that Mrs. Fink was not automatically placed in either one.  

When Mrs. Fink returned to work in January 2007, the Board first placed her in a long term substitute teacher position.  Mrs. Fink didn’t feel that position accommodated her disability; so the Board placed her in a full-time art teacher position at North Point High School.  At North Point, Mrs. Fink’s art teaching duties are assigned by Principal Peter Cevenini and allow her to use her talents within her doctor’s work restriction orders.

Attorney Leslie Stellman, representing the Board of Education in this matter, told the Bay Net that the Board of Education did more than they were legally obligated to do to find a full-time teaching position which would both suit Fink’s skills and accommodate her work restrictions.

The lawsuit claims that Mrs. Fink was denied two full-time high school art teacher positions and is now a substitute teacher.  Mr. Stellman explained that neither job of which Mrs. Fink felt denied, was actually available when she expressed interest in them.  Both already had someone under verbal contract. 

Stellman then  pointed the Bay Net to the fact that Fink does not receive the per diem pay rate that she would receive if she were indeed a substitute teacher at North Point.  Instead, Mrs. Fink receives a full-time teacher salary and benefits package as stipulated by her union approved contract. 

Mrs. Fink also claims that she is discriminated against in the workplace becaus