Radio Shack to Pay $675K in EEOC Age Discrimination and Retaliation Lawsuit
April 1, 2013
In a previous Santa Ana employment lawsuit blog, Vincent Howard reported on a major age discrimination lawsuit settlement filed by the U.S. Equal Employment Opportunity Commission (EEOC) against technology company 3M, after the company allegedly discriminated against employees who were over the age of 45.
The EEOC recently won another age discrimination lawsuit in federal court against another major technology company Radio Shack--after a judge decided the company was responsible for paying around $675,000 in damages for age discrimination and retaliation.
The EEOC lawsuit states that in 2007, David Nelson, a then 55-year-old Radio Shack employee with 25 years of experience at the company, was assigned a regional manager for supervision who was 43-years-old. Nelson, who reportedly had an excellent record of job performance, was then placed on two plans in four months to improve his job performance. Nelson felt he was being discriminated against based on his age, and within a week of filing the complaint with the human resources department, he was fired in alleged retaliation for his age discrimination complaint.
According to Vincent Howard, under the Age Discrimination in Employment Act (ADEA), it is against the law to discriminate against employees or job applicants who are forty years and older in the workplace, in regard to hiring, training, promotion, job assignments, job termination, layoffs or any employment compensation and benefits. Harassment or retaliation based on age is also illegal.
The EEOC lawsuit charged age discrimination and retaliation under the ADEA. In 2012, a jury awarded Nelson back pay of over $187,000 for Radio Shack's willful retaliation. In February 2013, the judge ruled that Nelson was entitled to over $187,000 in liquidated damages, front pay damages of over $199,000 and over $101,000 to offset the added burden of taxes--a total of around $675,000.
Our experienced Santa Ana-based employment attorneys can help you with your Orange County age discrimination issue. Contact Vincent Howard at Howard Law, PC today, for a free consultation to discuss your employment rights. Call us today, toll free at 1-800-872-5925.
EEOC Wins Second Victory Against RadioShack in Retaliation Case, EEOC Press Release, February 28, 2013
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