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

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EEOC age discrimination cases as of August 2012

EEOC age discrimination cases as of August 2012

2011

AT&T: (S.D. N.Y.) resolved 10/26/11 by New York District Office – The Commission alleged that AT&T and a number of its subsidiaries discriminated against a class of retired AT&T workers based on age. Defendant denied the retirees the opportunity for reemployment solely because they retired under certain early retirement or enhanced severance programs. Case settled for injunctive relief including elimination of policy that excludes employees who left AT&T under one of the early retirement plans from being rehired, priority hiring of class members, reporting among other things.

Mayor and City Counsel of Ocean City: (D. Md.) resolved 10/20/11 by Philadelphia District Office – The Commission alleged that charging party was not hired into the full-time position of airport associate because of his age, 62, and was not rehired into the position of temporary line technician in retaliation for his complaints about age discrimination. Case settled for $38,000 in monetary relief and injunctive relief.

Town of Clarence, et al: (W.D. N.Y.) resolved 10/3/11 by New York District Office – The Commission alleged that Defendants refused to let volunteer firefighters over age 62 accrue service credit under their “Length of Service Award Programs” or “LOSAPs,” the equivalent of a retirement pension, because of their age. As a result, the senior firefighters kept working but did not receive credit for their service once they reached the maximum age. Case settled for $441,740 in retroactive payments to a group of 35 firefighters, including the beneficiaries for eight deceased firefighters. Several firefighters will receive increased monthly pension amounts going forward.

Oyster Bay Fire Department, et.al: (E.D. N.Y) resolved 9/20/11 by New York District Office – The Commission alleged that Defendant refused to allow volunteer firefighters over age 62 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 62. Case settled for $279,600 for 31 firefighters who lost pension money and provide increased monthly pension amounts going forward to several firefighters.

3M Company: (D. Minn.) resolved 8/22/11 by San Francisco District Office – The Commission alleged that 3M unlawfully laid off hundreds of employees over the age of 45 during a series of reductions in force (RIFs) nationwide. The older employees were denied leadership training and laid off to make way for younger leaders. Case settled for $3 million in monetary relief to approximately 290 former employees and injunctive relief.

Resource Residential: (S.D. Ga.) resolved 7/26/11 by Atlanta District Office – The Commission alleged that Defendant, a property management corporation, unlawfully subjected three management-level employees, ages 53, 60 and 64, to discrimination by firing them because of their ages and subsequently hiring 14 employees under the age of 40 to support its effort to create a younger image. In addition to $335,000 in monetary relief, the settlement includes provisions for equal employment opportunity training, reporting, and anti-discrimination postings.

Cavalier Telephone: (E.D. Va.) resolved 7/18/11 by Charlotte District Office – The Commission alleged that defendant, a provider of telephone, Internet, and digital TV services, demoted a sales director and sales manager because of their ages and in retaliation for opposing age discrimination. The complaint also alleged that defendant failed to hire applicants age 40 and over into account executive positions in its mid-Atlantic region, and failed to retain hiring-related documents as required by the Commission’s ADEA regulations. Case settled for $1 million in monetary relief to 25 claimants and injunctive relief including training, postings and maintenance of applications and personnel records, among other things.

Asian World of Martial Arts: (E.D. Pa.) resolved 5/24/11 by Philadelphia District Office – The Commission alleged that charging party, age 74, was fired by Defendant pursuant to a newly implemented retirement policy which mandated that all employees age 67 and over be terminated. Charging party had a good performance record during his 26 years of employment with the company prior to the forced retirement. Case settled for $100,000 in monetary relief and injunctive relief.

Dillard’s: (E.D. N.C.) resolved 5/16/11 by Charlotte District Office – The Commission alleged that charging party, an area sales manager, was terminated because of her age and replaced by a less experienced, 24-year-old sales manager in violation of the ADEA. Charging party had successfully worked as an area sales manager for over four years as compared to the younger sales manager who worked for Defendant for approximately four months. At the time of her termination, charging party ranked second out of six area sales managers in terms of sales. Case settled for $50,000 in monetary relief and injunctive relief.

Tandy Brands Accessories:(S.D. Tex.) resolved 3/29/11 by Houston District Office – The Commission alleged that charging party, a 62-year-old manager, was terminated by Defendant as part of a “reduction-in-force,” while a less qualified and substantially younger manager was retained by Defendant in violation of the ADEA. In addition, five other supervisors, ages 58 to 75, were laid off in a different location as part of Defendant’s campaign to give the company a youthful image. Case settled for $95,000 in monetary relief and injunctive relief.

Brentwood Fire Department: (E.D. N.Y.) resolved 3/16/11 by New York District Office – The Commission alleged that between 1990 and 2004, Defendant prohibited volunteer firefighters over age 62 from accruing credit toward a “length of service award,” the equivalent of a retirement pension, because of their age. As a result, the senior firefighters kept working but did not receive credit for their service once they reached 62. Case settled for $465,600 in monetary relief, retroactive payments to 28 class members and increase in pension payments for 20 others as well as injunctive relief including elimination of age restriction on service credit, training and institution of anti-discrimination policy among other things.

Amityville Fire Department: (E.D. N.Y.) resolved 2/23/11 by New York District Office – The Commission alleged that Defendant refused to allow volunteer firefighters over age 65 accrue credit toward a “length of service award,” 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 $209,280 in monetary relief and retroactive payments for 23 volunteer firefighters as well as injunctive relief including elimination of an age restriction on service credit among other things.

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