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Restaurant company ordered to take corrective action

| Nov 22, 2017 | Employment Litigation |

Most employees and employers in Florida should know that federal law strictly prohibits discrimination against potential and current workers based on a variety of factors. These include gender, sexual orientation, religious preference, disability and more. Age is another factor considered here and any act that may be found a way of discriminating against job candidates or employees who are 40 years old or greater directly violates the Age Discrimination in Employment Act.

Despite what many might think are very clear laws banning such discrimination, problems continue to arise. A claim of age discrimination was made by the U.S. Equal Employment Opportunity Commission after a man was denied a managerial position. A decision has been handed down in the case that requires the company to financially compensate the applicant and to take corrective actions internally. This action includes training for employees and managers on age discrimination laws as well as management of a hiring policy that avoids future age discrimination.

The company that the man applied to indicated the reason for denying him the job was because of its intent to “maximize longevity”. The man was over 40 years old and had a range of appropriate industry experience. When an out-of-court settlement was unable to be reached, the EEOC pursued a lawsuit in the matter. 

Employees or job candidates who are concerned about having been discriminated against because of their age might find it useful to talk with an attorney about how to take action. 

Source: The National Law Review, “Ruby Tuesday to Pay $45,000 to Settle EEOC Age Discrimination Suit,” November 4, 2017

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