Blog# 4012020EEOC2
Company Refused to Hire Driver Because of His Age, Federal Agency Charges
The EEOC filed a lawsuit against an employer who violated federal law when it refused to hire a shuttle driver applicant because of his age.
The EEOC alleges such conduct violates the Age Discrimination in Employment Act (ADEA). The EEOC sued in U.S. District Court for the District of Colorado (EEOC v. San Miguel Mountain Ventures, LLC, Civil Action No. 1:20-cv-00881) after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit seeks monetary damages for Webber as well as injunctive relief prohibiting Telluride Express from discriminating based on age in the future.
Notes on Age Discrimination
Employer Coverage – 20 or more employees
Time Limits
- Non Federal employees – 180 days to file a charge (may be extended by state laws)
- Federal employees have 45 days to contact an EEO counselor.
Resources
EEOC news bulletin dated 4/1/2020
Facts About Age Discrimination
29 C.F.R Part 1625: Age Discrimination in Employment Act
Note that section 1625.7 has been superseded by Final Rule: Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act (RFOA)
3/30/2012
29 C.F.R Part 1626: Procedures–Age Discrimination in Employment Act
Heidi Macomber 