$45,000 to Settle Age Bias Suit; Training Required

 
Thursday, November 9, 2017
 
Ruby Tuesday, Inc., a Georgia corporation doing business in South Florida, will pay $45,000 to settle an age discrimination lawsuit filed by the U.S. Equal Emp­loyment Opportunity Commission (EEOC), the agency announced.

The EEOC charged that Ruby Tuesday violated federal law when it declined to hire Floyd Cardwell, a qualified applicant with over 20 years of experience in the food and beverage industry, for a general manager position at its Boca Raton restaurant. In response to an inquiry by the applicant as to why Ruby Tuesday declined to hire him, the company informed him it was seeking a candidate who could "maximize longevity."

Age discrimination violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit against Ruby Tuesday, Inc. in U.S. District Court for the Southern District of Florida, Fort Lauderdale Division (EEOC v. Ruby Tuesday, Inc., No. 0:17-cv-60970-BB) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the $45,000 in monetary relief to Cardwell, the three-year consent decree resolving the suit requires Ruby Tuesday to identify a Diversity Director to manage the decree's provisions re­quiring the reports of age discrimination complaints, nationwide oversight of the corporation's age-friendly recruiting and hiring efforts, the education of its employees on an updated ADEA policy, and ADEA training for its hiring management team.
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