Exhibit A

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Exhibit “A” 

To Charge of Discrimination filed by Maureen Herbst (“Ms. Herbst”) against 

American Orthodontics Corporation (the “Company” and/or “American 

Orthodontics”)

FACTUAL STATEMENT. I have been employed as a Senior Territory Manager covering South 

Florida and the Tampa Bay Area with American Orthodontics for over 12 years. During that time, 

I have grown revenues in my territory from approximately $700,000/year to over $4,000,000/year. 

I have been one of the Company’s top performers, consistently exceeding sales targets and 

receiving many high honors and accolades (Sales Person of the Year, Presidents Club 10 out of 12 

years) for my loyal and dedicated service to the Company. 

In or around March 24, 2022, I informed the Company, through its Vice President of Sales, 

Todd Beaudoin, that I had been continuously mistreated and bullied by my manager, Kevin 

Reifschneider and how I had been subjected to a hostile work environment and discriminated 

against on the basis of my gender (female) and age (51). During my call with Mr. Beaudoin, I 

explained to him how Mr. Reifschneider has a habit of treating me unprofessionally, bullying me, 

making demeaning remarks to me (often on the basis of my gender), promoting falsehoods to 

diminish my success, becoming irate with me whenever I speak up and then screaming at me in 

an effort to silence me. Most, if not all, of these kinds of problems have been ongoing, but have 

gotten worse more recently. As a result, I really began to suffer emotionally and physically as a 

result. 

Mr. Reifschneider has made many derogatory and demeaning comments either to me, or 

to my co-workers, about me; which include, but are not limited to the following: 

 “You’re so lucky to have a dual income with your husband.”

 “You made $XXX,000 last year. My wife made barely anything.”

 “Maureen has the most potential to bring in revenue,” (based on non-factual

data).

 “Maureen doesn’t work.”

During my call with Mr. Beaudoin, wherein I reported the harassment and discrimination 

I was experiencing at the hands of my manager, Mr. Reifschneider, Mr. Beaudoin assured me that 

things would be ok, that I would remain the Company’s “Tampa Rep” and that would not change. 

The real issues of bullying, mistreatment and discrimination were not addressed and I continued 

to be subjected to Mr. Reifschneider’s bullying tactics and discrimination. 

On March 28, 2022, I followed up with Mr. Beaudoin regarding my complaints of 

mistreatment and described in detail how Mr. Reifschneider had again bullied, berated and belittled 

me in a recent call. While explaining the mistreatment, I began to cry and expressed the anxiety 

it had caused and how Mr. Reifschneider’s refusal to treat me professionally was interfering with 

my work. It was during this call with Mr. Beaudoin that I requested a new manager. Mr. Beaudoin 

stated he would look into it and assured me that I was in a “Safe Place,” which he had told me 

many times. 

Exhibit A

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On March 30, 2022, Mr. Beaudoin requested I prepare a letter detailing my complaints and 

request to report to a new manager and send it to Mr. Beaudoin and the Company’s Human 

Resources representative, Sue Nett. I complied with Mr. Beaudoin’s request and sent the letter 

(via email) on April 1, 2022 with a follow-up letter (via email) with additional details on April 5,

2022. In that email I expressed my concerns to Mr. Beaudoin in that I felt as though I was being 

pushed out and having to train my replacement, a younger 28 year old male.

On April 14, 2022, Mr. Beaudoin called me to follow up on my complaints and informed 

me that I would be reassigned to a new manager, Clint Moore, but also that my territory would be 

reduced, removing the Tampa Bay portion with 2021 Revenues of $1,412,912.21 and that territory 

would be given to Will Bentson, a 28 year old male employee hired to assist me and my 

counterpart, Jon Hall (a male with territory much larger than mine, comprised of Alabama, South 

Carolina, parts of Georgia and Central and North Florida). Mr. Bentson had very little experience 

and was covering Southeastern States just 10 months ago. When I objected and questioned Mr. 

Beaudoin about this reduction of my territory, he responded by telling me, “This is happening.” 

Not only did the Company fail to investigate my complaints, but it chose to deal with them 

by punishing and retaliating against me by taking away a substantial portion of my territory and 

therefore my earnings and future earning potential. The Company’s culture is one of a “Good Ol’ 

Boys Club that discriminates against women, especially those that are successful and as I have 

now learned, one that retaliates against women who report complaints of mistreatment and 

bullying by their male managers. 

Never in the 12 years that I have been with the Company, has it ever reduced a 

representative’s territory in any significant way. Being the only female with a territory in excess 

of $4,000,000/year, the Company chose to reduce my territory by $1,412,000/year, while a male 

counterpart with a territory in excess of $4,800,000-$6,000,000/year had his territory reduced by 

a mere $200,000 in order to carve out territory for Mr. Bentson. The Company’s decision to reduce 

my territory and revenue was not only involuntary and sudden, but also retaliatory. 

The “Good Ol’ Boys Club” toxic culture at the Company is rampant. There are no female 

sales managers, nor have there ever been. In 2021, a proven, successful 56 year old female 

representative applied for a regional sales manager position in the Northeast where she had worked 

and lived for a decade was passed over for a 31 year old male who had recently returned to 

American Orthodontics from another company and worked and lived outside the Northeast 

Territory and continues to reside in Atlanta GA. Frustrated with the “Good Ol’ Boys Club,” she 

made the difficult choice to move on and start over. This Company cannot seem to tolerate long 

tenured, successful women in their ranks. There is certainly no “Safe Place” within the Company 

and certainly not after you report complaints of mistreatment, bullying tactics and discrimination. 

The discriminatory and retaliatory actions and inactions of American Orthodontics have not only 

negatively impacted my career at American Orthodontics, but have dramatically negatively 

impacted the future of my 30 year career in the Orthodontic Industry. 

DISCRIMINATION STATEMENT. I believe that I have been discriminated against under Title 

VII based on my age (51) and gender (female) in violation of the American’s With Disabilities 

Act, as Amended (ADAAA), under the Florida Civil Rights Act, Chapter 760, and the Palm Beach 

Exhibit A

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County Civil Rights Ordinance. I have been harassed, have suffered from a hostile work 

environment and retaliated against in relation to my age and gender under Title VII in violation of 

the American’s with Disabilities Act, the Florida Civil Rights Act, Chapter 760, and the Palm 

Beach County Civil Rights Ordinance. 

PERSONAL HARM. My job, my wages and other benefits are in jeopardy. My reputation has 

been damaged. I have suffered severe mental anguish, inconvenience and loss of the enjoyment of 

life. 

I reserve the right to supplement the foregoing. 

Date: April ___, 2022 Charging Party: ________________________ 

 Maureen Herbst

Maureen Herbst (Apr 27, 2022 14:33 EDT)

Exhibit A

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Exhibit A

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