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A Carrollton, Texas-based distributor of specialty fasteners with sales territories that span the country will pay $200,000 and furnish other relief to settle an age discrimination lawsuit.
According to the EEOC's lawsuit, Advance Components' executive vice president and general manager, Gary Craven, made ageist comments to Dan Miller, a 64-year-old national sales manager, and finally fired him because of his age. Miller had almost 20 years experience selling the company's products and had been hired by Advance Components' founder. According to the EEOC, Craven called Miller "old-fashioned" and repeatedly expressed his preference to hire younger salesmen with his motto: "30-30-30. Hire a 30-year-old with an IQ of 30 and pay him $30,000." Craven also allegedly made comments about outside sales being a young man's game because they were more "driven" and that he wanted to "put young guys on the street."
Miller was fired on Oct. 6, 2009. His position was filled the following day by a man in his 30s.
Discriminating against an employee because of his age violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit (Civil Action No. 3-11-cv-2081-B in U.S. District Court for the Northern District of Texas, Dallas Division) after first attempting to reach a pre-litigation settlement through its conciliation process.
In the consent decree settling the suit, signed by Judge Jane J. Boyle on May 18, 2012, Advance Components agreed to pay $201,000 to Dan Miller. The company will also train management (including the owners) and supervisory personnel on equal employment opportunity (EEO) policies and procedures, including those on age discrimination. The company will be required to enforce a written policy against age discrimination and retaliation.