Department store giant Dillard’s will pay $50,000 and furnish other relief to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged in its lawsuit that Dillard’s discriminated against a manager when it discharged her because of her age, 61. Dillard’s terminated Virginia Keene from her position as an area sales manager at the Cary, NC, store in November 2008 and replaced her with a 24-year-old employee who only had four months of experience as an area sales manager. Keene had successfully worked as an area sales manager for over four years. At the time of her termination, Keene ranked second out of six area sales managers at the Cary store in terms of sales. Full article.
The ADEA’s broad ban against age discrimination prohibits statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ). ADEA prohibits discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs. ADEA also prohibits denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to discrimination claims. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.