In a July 1, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that EEOC attorneys filed an age harassment and retaliation lawsuit in Hawaii alleging that a retail store violated federal law by subjecting a 73-year-old female pharmacist to age harassment, retaliation and forcing her out of her job.  See, http://www.eeoc.gov/press/7-1-09.html .  As stated in the EEOC Press Release, the lawsuit charges that the pharmacy manager of a company store in Honolulu subjected the woman to age-based insults, such as telling her she was “too old to work,” that she “should retire,” should “retire from pharmacy work now,” and other discriminatory conduct.  According to the EEOC, the company received notice of the harassment but the company failed to take appropriate action to investigate and correct the hostile work environment, as the law requires.  Instead, the EEOC asserts, the company subjected the woman to a hostile work environment by berating her for lack of competence, making discriminatory comments in performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory violations.  Finally, the pharmacist was forced to resign to escape the discriminatory conduct.  Age discrimination and retaliation for complaining about it violate the Age Discrimination in Employment Act, and the EEOC filed suit after first attempting to reach a voluntary settlement.  An EEOC attorney quoted in the Press Release said “The EEOC is committed to preventing age harassment against workers.”  Further information about the EEOC is available on the agency’s website at www.eeoc.gov . 

Whether employment related age harassment and retaliation for complaining about it occurs in Cuero, Gonzales, Yoakum or elsewhere, victims of workplace age bias may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential age harassment claim.

The Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including the Age Discrimination in Employment Act or ADEA which protects people aged 40 and over from employment discrimination.  Recently, EEOC attorneys announced in Press Releases that the EEOC has settled two age discrimination lawsuits.  In a June 18, 2009 EEOC Press Release, the EEOC stated that age discrimination represents the fastest-growing type of charge filing with the EEOC.  See, http://www.eeoc.gov/press/6-18-09b.html .  In this regard, the EEOC received a record 24,582 age discrimination charge filings during Fiscal Year 2008.  According to the June 18, 2009 Press Release, Catholic Charities, one of the largest non-profit providers of social services in the San Francisco Bay Area, agreed to pay $30,000.00 and provide other relief to settle an age discrimination lawsuit brought by EEOC attorneys.  In that case, the EEOC charged that Catholic Charities fired a highly qualified 71-year-old advocate of the aged and replaced him with a less qualified woman half his age and such alleged conduct violates the ADEA.  In addition to agreeing to pay $30,000 in back pay and interest, Catholic Charities also agreed to provide training to its work force on age discrimination prohibitions and periodic reports to the EEOC on work force demographics in terminations and layoffs.  On June 19, 2009, EEOC attorneys announced that the California State University System agreed to settle an age discrimination lawsuit filed on behalf of a longtime San Francisco State University Lecturer for $50,000.00 and other relief.  See, http://www.eeoc.gov/press/6-19-09.html .  In that lawsuit, the EEOC’s investigation reportedly found that despite over 30 years of teaching experience at various Bay Area colleges and universities and a Ph.D. from Stanford in 1976, the lecturer was passed over for a much younger candidate who had not yet received his Ph.D., a requirement for the position.  An EEOC attorney was quoted in that Press Release as saying that “We are pleased that the California State University System worked with the Commission to reach a fair resolution of the case.”

Whether employment related age bias occurs in Freeport, Galveston, Houston or elsewhere, victims of workplace age discrimination may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential age bias claim.

The Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination, including violations of the Age Discrimination in Employment Act.  During Fiscal Year 2008, the EEOC received a record 24,582 age discrimination charge filings, a 29% increase from the prior year and a 65% jump from the number of filings in Fiscal Year 2005.  Further about the EEOC and federal age discrimination claims may be located in the agency’s website at www.eeoc.gov .

In a June 3, 2009 EEOC Press Release, federal attorneys announced that Alaska’s largest hospital has agreed to pay $220,000.00 to settle an age discrimination lawsuit filed on behalf of five workers laid off and denied rehire because of their age.  See, http://www.eeoc.gov/press/6-3-09a.html .  According to the EEOC Press Release, the hospital laid off and refused to rehire the longtime workers following a restructuring of the hospital’s operating room.  As stated in the Press Release, the five employees had devoted between 11 and 24 years of their careers as surgery aides and anesthesia techicians to the hospital and were replaced by new hires in their twenties and thirties.  Such alleged conduct violates the Age discrimination in Employment Act.  An EEOC attorney was quoted in the Press Release as saying that “Employers have a duty to ensure that they do not run afoul of the law when they restructure their workforce.” 

Whether employment related age bias occurs in New Braunfels, San Marcos, Seguin or elsewhere, victims of workplace age discrimination may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential employment discrimination claim.

The Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination.  Age discrimination in the workplace violates the Age Discrimination in Employment Act.  During Fiscal Year 2008, age discrimination charges surged to a record high 24,582 - an increase of 29% from the prior fiscal year.  See, www.eeoc.gov .

In a May 22, 2009 EEOC Press Release, the federal agency charged in an age discrimination lawsuit that a Florida based restaurant and lounge violated federal law when it discriminated against older employees.  According to the Press Release, the EEOC lawsuit alleged that when the restaurant and lounge came under new management in 2007, the new managers stated they would “get rid of all the old and ugly people.”  See, http://www.eeoc.gov/press/5-22-09a.html .  As stated in the Press Release, older employees were told that there were too many old employees and they needed younger ones, so the restaurant began to cut older employees’ hours and wages, take away their responsibilities, assign them to undesirable shifts, and force them out or terminate them outright.  In addition, younger employees were allegedly hired to cover the more desirable shifts and replace the older workers.  In this regard, the EEOC’s lawsuit charged as well that a plaintiff and several other employees over 40 were subjected to a hostile work environment and disparate treatment.

Whether age discrimination in employment occurs in Beaumont, Houston, San Antonio or elsewhere, victims of age related hostile work conditions may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential age discrimination case.

The Houston Chronicle reported on May 13, 2009 that the Equal Employment Opportunity Commission (”EEOC”) sued a Houston company, alleging that it fired a waitress because of her age.  See, Sixel, LM, “EEOC Says Age Bias Behind Firing Of Strip-Club Waitress,” Chron.com, 5/13/09.  According to the article, the plaintiff, who was 56 at the time of her termination, worked at Cover Girls where she was allegedly subjected to disparaging remarks, was frequently called “old” by managers and endured comments about experiencing menopause and showing signs of Alzheimer’s disease.  An EEOC lawyer in charge of the age discrimination case said the plaintiff earned high five figures or low six figures as a full-time server until she was terminated in 2006 and that about a year earlier, Cover girls began to hire younger women and gave them the shifts the plaintiff normally worked.  Cover Girls burned down in 2007 and has not been rebuilt, according to the article.  See, http://www.chron.com/disp/story.mpl/front/6421397.html .

The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .  In Texas, the Texas Workforce Commission Civil Rights Division (”TWCCRD”) enforces the Texas Commission on Human Rights Act; which has been codified into Texas Labor Code, Chapter 21, and the Texas Labor Code prohibits employment related age discrimination.  Additional information about the TWCCRD and employment discrimination is available in its “Employment Discrimination Fact Sheets” at http://www.twc.state.tx.us/crd/facts.html .

Whether workplace age bias occurs in Beaumont, Corpus Christi, Houston or elsewhere, victims of age discrimination may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney or lawyer to determine if an age bias termination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential age discrimination claim.

The Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination.  In a May 21, 2009 EEOC Press Release, the federal agency announced that a government contractor company will pay $60,000.00 and furnish other relief to settle an age discrimination lawsuit in which the EEOC alleged that the company failed to reassign and/or hire an employee into an alternate position and subsequently discharged him, based on supposed customer preference, because of his age, even though the employee had been consistently promoted throughout his tenure with the company since 1988.  See, http://www.eeoc.gov/press/5-21-09.html .  An EEOC attorney was quoted in the Press Release as saying that “Ageism is a way of stereotyping and marginalizing people [and] employers have a responsibility to provide everyone the freedom to compete in the workplace on a fair and level playing field, regardless of age.”

Further information about the EEOC is available at www.eeoc.gov .

Whether workplace discrimination based on age occurs in Corpus Christi, Houston, San Antonio or elsewhere, victims of employment related age discrimination may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential age discrimination case.

In a May 13, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that a home heating oil distribution company agreed to pay $80,000.00 and provide significant equitable relief to settle an age discrimination case in which it was alleged that the company unlawfully fired a sales representative because of his age.  See, http://www.eeoc.gov/press/5-13-09.html .  According to the EEOC’s age discrimination lawsuit, a company sales manager made several derogatory comments demonstrating age bias against older workers, including stating that he would like to “remove all older representatitves and replace them with younger employees,” repeatedly asking the plaintiff about his retirement plans and commenting that he would retire if he were “as old as” the plaintiff.  As stated in the EEOC Press Release, the sales manager also took sales leads and sales territory from the plaintiff, and, after the discharge, replaced him with a substantially younger employee.  The EEOC enforces federal laws prohibiting employment discrimination, and it is a violation of the Age Discrimination in Employment Act (”ADEA”) to treat an employee who is 40 or older less favorably than younger individuals or to terminate him based on age.  During Fiscal Year 2008, age discrimination charges surged to a record high 24,582 - an increase of 29 percent from the prior fiscal year, according to the EEOC Press Release.

Whether employment related age discrimination occurs in Beaumont, Corpus Christi, Houston or elsewhere, victims of age bias in the workplace may contact the EEOC, and, in Texas, the Texas Workforce Commission, as well as an attorney or lawyer to determine if an age discrimination case would ultimately be appropriate under the particular circumstances and facts of the potential age discrimination claim.

The Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination.  In a May 8, 2009 EEOC Press Release, the federal agency announced that Dawes County in Nebraska will pay $50,000 to to an elderly former employee to settle an age discrimination lawsuit brought by EEOC attorneys.  See, http://www.eeoc.gov/press/5-8-09.html .  According to the EEOC Press Release, Dawes County allegedly instituted a policy requiring all full-time employees over age 70 in the Roads Department to take a medical stress test; the plaintiff worked in the Roads Department; the plaintiff was the only full-time employee over age 70; and although the plaintiff planned to work several more years, his supervisor told him he had to retire because he would not pass the test.  As stated in the Press Release, the county never instituted the policy after the plaintiff retired.  Age bias has accounted for one of the fastest growing categories of discrimination charges filed with the EEOC in the past few years - steadily increasing from 16,548 filings in Fiscal Year 2006 to 24,582 filings in Fiscal Year 2008, a record high.  Further information about the EEOC may be found at its website at www.eeoc.gov .  In addition, information about age discrimination offered to the public by the Texas Workforce Commission (”TWC”) may be found in the TWC “Employment Discrimination Fact Sheets” at http://www.twc.state.tx.us/crd/facts.html .

Whether unlawful age discrimination occurs in Conroe, Corpus Christi, Clearlake or elsewhere, victims of age bias in the workplace may contact the EEOC and, in Texas, the TWC, as well as a lawyer to determine if an age bias claim may ultimately be appropriate under the particular facts and circumstances of the potential age discrimination case.

As reported at http://findarticles.com/p/articles/mi_qn4181/is_20090205/ai_n31321972/ in an article by Angela Riley entitled “Washington University Plans Appeal of $525k Verdict,” a St. Louis jury awarded Dr. Joel Cooper $325,000 in actual damages and $200,000 in punitive damages on his age discrimination and retaliation claim against Washington University.  According to the article, Washington University plans to appeal the $525,000 verdict which was awarded to the former surgeon and department head credited with performing the first successful lung transplant.  As stated in the article, the plaintiff alleged actions were taken against him when he refused to retire at 65, but Washington University insisted that he was asked to step down because he was not a good financial steward.  Now, 70, Dr. Cooper is the chief of the Division of Thoracic Surgery at University of Pennsylvania Health Sciences, according to the article.

In a March 25, 2009 AARP Bulletin Today article by Vickie Elmer, the AARP reports on older workers, hit hard by the recent lay-offs and job losses, and states that older workers filed a record-high number of age discrimination complaints against private sector companies last year, the highest level in almost two decades.  See, http://bulletin.aarp.org , “Age Discrimination Claims By Workers Reach Record High,” 3/25/09.  According to one veteran employment attorney quoted in the article, age discrimination complaints may even be higher this year and could peak in the third quarter of this year.  As reported in the article, the Age Discrimination in Employment Act of 1967, or ADEA, protects anyone 40 or older from employment discrimination in hiring, firing, layoffs, promotions and pay, and it applies to employers with 20 or more employees, including state and local governments, and covers benefits including severance pay if it is offered.  The article states further that age discrimination can be hard to prove - they’re seldom as overt as race or gender discrimination cases, which generally have clearer evidence, including supervisor’s comments or behavior.  In this regard, the article reports that only two of the top ten class action workplace discrimination settlements in 2008 involved age discrimination.

Noting that age discrimination is a growing problem for workers over 40, the AARP Bulletin lists several options for victims, including internal complaints, filing complaints with the Equal Employment Opportunity Commission (”EEOC”), and, among other things, consulting or hiring an attorney.  

In Texas, the Texas Workforce Commission (”TWC”) offers to the public information about age discrimination in its “Employment Discrimination Fact Sheets,” stating that Chapter 21 of the Texas Labor Code and the ADEA protect individuals who are 40 years of age or older from employment discrimination based on age.  See, http://www.twc.state.tx.us/crd/facts.html .

Whether employment related age discrimination occurs in Dallas, Houston, San Antonio or elsewhere, victims of age discrimination or bias may obtain further information from the EEOC at www.eeoc.gov or, in Texas, from the TWC and also consult a lawyer to determine if an age discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential age bias claim.