The Equal Employment Opportunity Commission (EEOC) recently filed a class action lawsuit in the U.S. District Court for the Western District of Pennsylvania against the food restaurant chain, Ruby Tuesday, Inc., for violating the Age Discrimination in Employment Act (ADEA) by failing to hire older job applicants.

The EEOC alleges that, since 2005, Ruby Tuesday, Inc. has refused to hire job applicants who were in the ADEA’s protected class (age 40 or older) for restaurant positions at 6 of its locations in Pennsylvania and Ohio. The restaurants at issue are located in West Mifflin, Greensburg, Altoona, Du Bois, and Indiana, Pennsylvania, and Beachwood, Ohio.

In its suit, the EEOC seeks injunctive relief, including the imposition of policies, procedures and training to prevent future workplace discrimination, as well as lost wages and liquidated damages for individuals who were not hired because of age. The EEOC filed suit in federal district court after first unsuccessfully attempting to reach a voluntary settlement.  

“This case is another stark reminder that age discrimination remains a persistent problem in the 21^st century workplace,” said EEOC Acting Chairman Stuart J. Ishimaru.  “Corporate America should be well aware that it is unlawful for employers to refuse to hire, or otherwise discriminate against, older applicants and employees because of their age. The EEOC will fight forcefully to protect the right of older individuals to be free of age discrimination in the workplace.”

This newsletter is a publication of Nochumson P.C. and is intended for general information only. It should not be construed as legal advice with respect to any particular situation, and readers should not act upon information contained in this newsletter without first consulting an attorney. Copyright © 2009.