EEOC: Selected Pending And Resolved Age Discrimination In Employment Act Cases

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2010

Black Gaming, et al.: (D. N.M.) resolved 12/21/10 by Los Angeles District Office – The Commission alleged that charging parties, two sales managers ages 67 and 55, were subjected to discrimination based on age when their positions were eliminated. Defendant subsequently hired two younger employees to replace the charging parties. Case settled for $60,000 in monetary relief and injunctive relief.

Planet Ford: (S.D. Tex.) resolved 10/15/10 by Houston District Office – The Commission alleged that two charging parties were subjected to age discrimination, and retaliation among other basis. The supervisor repeatedly berated the charging parties for being “too old” for the job and “washed up” in the industry. Case settled for $160,000 in monetary relief and injunctive relief.

Republic Services of Southern Nevada: (D. Nev.) resolved 9/21/10 by Los Angeles District Office – The Commission alleged that a class of employees, including garbage collectors, drivers, and supervisors, some of whom were employed by the company for more than 25 years, were denied transfers and terminated by Defendant because of their age, (i.e. over 40). Defendant subsequently hired younger employees to fill those positions. The EEOC further alleged that Defendant engaged in a form of hazing called “break him off,” in which some employees were worked to the point of exhaustion, often making it difficult for them to do their jobs. Case settled for $2.9 million in monetary relief and injunctive relief.

Area Temps, Inc.: (N.D. Ohio) resolved 7/27/10 by Philadelphia District Office – The Commission alleged that Defendant, a temporary agency, discriminated against job applicants by considering and assigning (or declining) job applicants based on their race, sex, national origin (Hispanic), and age. Defendant unlawfully complied with discriminatory requests made by its clients, and unlawfully fired two of its employees in retaliation for their opposition to Area Temps’ discriminatory practices and participation in the EEOC’s investigation. Case settled for $650,000 in monetary relief and injunctive relief including posting of settlement notice and letter to all applicants regarding settlement, among other things.

McIntosh County Health Department: (S.D. Ga.) resolved 6/29/10 by Atlanta District Office – The Commission alleged that charging party, an office manager, was terminated from her position of over 25 years because of her age. Case settled for $60,000 in monetary relief and injunctive relief.

Selden Fire District: (E.D. N.Y) resolved 4/23/10 by New York District Office – The Commission alleged that Defendant, fire district, refused to let volunteer firefighters over age 55 accrue credit toward a “length of service award” (LOSAP), the equivalent of a retirement pension, because of their age. As a result, senior firefighters lost pension amounts after they turned 55. Case settled for $263,360, made in retroactive payments, to a group of 23 firefighters and increased monthly pension amounts going forward to several firefighters.

Bayville Fire Company: (E.D. N.Y.) resolved 4/12/10 by New York District Office – The Commission alleged that the fire company and villages refused to let volunteer firefighters over age 65 accrue credit toward a “length of service award” (LOSAP), the equivalent of a retirement pension, because of their age. As a result, senior firefighters lost pension amounts after they turned 65. Case settled for total damages between $180,000 to $240,000 for 15-18 firefighters and agreement to provide increased monthly pension amounts going forward to several firefighters.

Village of Mineola: (E.D. N.Y.) resolved 1/21/10 by New York District Office – The Commission alleged that Defendant, fire district, refused to let volunteer firefighters over age 60 accrue credit toward a “length of service award” (LOSAP), the equivalent of a retirement pension, because of their age. As a result, senior firefighters lost pension amounts after they turned 60. Case settled for $237,072 in retroactive payments to a group of 25 firefighters, and increased monthly pension amounts going forward to several firefighters.

Ralph Schomp: (D. Colo.) resolved 1/6/10 by Phoenix District Office – The Commission alleged that five older male employees were terminated because of their ages and replaced with younger, less experienced workers in violation of the ADEA. Specifically, a 20 year old manager allegedly made age-related comments prior to the terminations and younger employees with lower sales numbers were retained. Also, five women were subjected to sex discrimination and a sexually hostile work environment. Case settled for $1.505 million in monetary relief and injunctive relief.

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