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

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2006

Medegen Medical Products, Inc.: (D. Colo.) resolved 10/11/06 by Phoenix District Office – The Commission alleged that eight charging parties were terminated by Defendant because of their ages: 56, 60, 60, 62, 53, 63, 49, and 53. Also, one employee was constructively discharged because of her age. Defendant instituted a Reduction in Force (RIF) where it terminated the charging parties but retained younger, less experienced employees. Defendant also advertised job openings after RIF and replaced the terminated employees with younger employees. Case settled for $645,000 in monetary relief and injunctive relief, including providing employees copies of employee handbook and discrimination policies, in both English and Spanish among other things.

Independent School District No. 834 of Stillwater, MN: (D. Minn.) resolved 8/18/06 by Chicago District Office – The Commission alleged that Defendant offered an early retirement incentive program, through its collective bargaining agreement, which provided a lump sum severance benefit which was reduced based on the employee’s age at retirement. Case settled for $1.1 million in monetary relief and injunctive relief as well as relief to retired school district employees in the amount of the age based reduction plus interest.

Lennar Corporation: (D. Ariz.) resolved 7/18/06 by Phoenix District Office – The Commission alleged that charging parties, sales consultants, were discharged because of their ages: 55, 60, and 56, by Defendant, one of the nation’s largest homebuilders and a provider of residential financial services. After terminating the charging parties, Defendant hired new, younger sales consultants. Case settled for $425,000 in monetary relief and injunctive relief.

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