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Wednesday, February 1, 2017

Court Will Decide If Employer Can Avoid Hiring Older Workers To Maintain Image

The EEOC filed its law suit against the Texas Road House for practicing age discrimination against older workers. The law suit is referenced as: Civil Action No. 1:11-cv-11732-DJC, filed in U.S. District Court for the District of Massachusetts.

Details of the case are summarized in this press release: Texas Roadhouse Refused to Hire Older Workers Nationwide, EEOC Alleges in Lawsuit

The law suit claims: The EEOC alleged that Texas Roadhouse has hired significantly few “front of the house” employees 40 or older in age. In addition, Texas Roadhouse allegedly instructed its managers to hire younger job applicants. For example, Texas Roadhouse emphasized youth when training managers about hiring employees for its restaurants. All of the images of employees in its training and employment manuals are of young people.

Although the law suit is currently taking active action in court, you may be interested in the EEOC request:

Individuals who believe they may have been denied a position at Texas Roadhouse because of their age or who have any information that would be helpful to the EEOC’s suit against Texas Roadhouse should contact the EEOC toll free at (855) 556-1129 or by e-mail at texasroadhouse.lawsuit@eeoc.gov.

Peter Gosselin of Pro Publica, the investigative journalism and public interest news organization published a recent article, covering the court proceeding. Click on this link to access Peter's article:

Federal Court May Decide If Employers Can Reject Older Job Seekers to Protect ‘Image’

Note: Peter Gosselin continues to investigate age discrimination in employment cases and is particularly interested in talking to people who have experienced such illegal treatment by their employer.

Peter's contact information is:   Peter.Gosselin@propublica.org
   @PeterGosselin


These days that our government is showing a great tendency to pursue the interests of Big Business, while the 70-80 million population of the Baby Boomer generation is heading into uncertain retirement, it is crucial to insure that corrective actions will take place. Age discrimination has been the "big elephant in room" for a long time. Big Business took advantage of weaknesses in the way Congress phrased civil rights protection against age discrimination and deterred affected employees from taking legal action against their employers. The EEOC final rule of 2012 removed some of the ambiguities of the ADEA law; yet, very few legal actions were followed by the EEOC.  If the new administration proves to act against the interest of the voting population by blocking protection of older workers' civil rights, then perhaps it would be time to mobilize older workers to march into the streets. Older workers tend to be more active in casting votes than the general population and I fully expect that politicians who ignore their plight will be punished for their lack of corrective action. On the other hand, perhaps our new President, will see the light of day and understand that pursuing protection of civil right for millions of Americans is what can make America Great Again. Perhaps members of the U.S. Congress will understand that the elections of 2018 are around the corner.

--Dr. Flywheel

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