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EEOC Discrimination Lawsuit Settled--Older Worker Denied Position Because of Age

December 11, 2009

Our California Employment and Labor Lawyers have been following the recent announcement of the age discrimination lawsuit settlement between CHESCO Services, a disability services provider and Larry O. Knight, a 73-year old worker who was denied a position with the company because of his age.

CHESCO Services, formerly known as Chesterfield County Board of Disabilities and Special Needs, is a non-profit organization approved by the South Carolina Department of Disabilities and Special Needs (DDSN). According to the U.S. Equal Employment Opportunity Commission's complaint, (EEOC), in early 2007, CHESCO took over operations of a residential care facility, where Knight was employed. Knight's position was then consolidated with a position held by a much younger, 43-year-old co-worker.

The EEOC contends that Knight, who was qualified for the newly formed position, was not chosen for the position because of his age--a direct violation of the Age Discrimination in Employment Act of 1967 (ADEA), the act protecting individuals who are 40 years of age or older from age-based employment discrimination in both employment and the application process.

The EEOC stated in a press release that age bias is often a motivating factor in the hiring process, and older applicants are often not given the same respect and consideration for jobs as younger applicants. According to the EEOC, this case should remind businesses and employers that all workers deserve equal opportunities and freedom from age discrimination in the workplace.

CHESCO will pay monetary damages in the amount of $80,000 and agree to a 30-month consent decree, that prohibits the company from any further age discrimination or retaliation. The company will also be required to post information about the settlement in the workplace, report to the EEOC on all hiring practices, and receive regular EEOC monitoring on company employment practices.

If you or someone you know in Orange County and throughout Southern California has been discriminated against because of age, contact Howard Law, PC today to schedule a free consultation about your employment rights.

Disability Services Provider to Pay $80,000 to Settle EEOC Age Discrimination Lawsuit, EEOC Press Release, December 10, 2009

Related Web Resources:

Facts About Age Discrimination: EEOC