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

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2009

Allstate Ins. Co.: (E.D. Mo.) resolved 11/14/09 by St. Louis District Office – The Commission alleged that Defendant, a nationwide insurance company, imposed a hiring moratorium that had a disparate impact on former sales agents age 40 and over. Defendant also implemented a policy prohibiting the rehire of any former employee/agent during the longer of 1 year after termination or the period during which the individual received severance benefits (a maximum of 2 years). Almost 95% of the former sales agents affected by the hiring moratorium were age 40 or older. Case settled for $4.5 million (75% back pay and 25% interest) to 92 individuals and injunctive relief.

Nassau County Police Dep’t and Nassau County: (E.D.N.Y.) resolved 4/29/09 by New York District Office – The Commission alleged that Defendant transferred four police officers out of defendant’s marine bureau to patrol jobs in July 2006 because of their ages (60, 58, 55, and 53), constructively discharging two of them. Case settled for $450,000 in monetary relief and injunctive relief.

Qualex: (D. Conn.) resolved 3/24/09 by New York District Office – The Commission alleged that charging party and other workers aged 40 or older were subjected to age discrimination through an inequitable “Reduction in force” (RIF). Case settled for $272,000 in monetary relief and injunctive relief.

Alpine School District: (D. Utah) resolved 1/26/09 by Phoenix District Office – The Commission alleged that charging parties, two teachers, ages 50 and 59, were denied a position by Defendant because of their ages. Case settled for $85,000 and a teaching position with full seniority rights and benefits for 50 year-old teacher; the 59-year-old teacher received $50,000 and injunctive relief including written apologies from defendant’s superintendent, positive employment references, demotion of principal and removal of authority to discharge or hire employees, among other things.

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