The Perils of Hiring a 25 Year Old Instead of a 62 Year Old

The City of Boone, Iowa violated federal law by hiring a 25-year-old rather than a more qualified 62-year-old because of the latter’s age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a recent lawsuit.

The agency’s administrative investigation, which preceded the lawsuit, revealed in 2005 the city rejected a U.S. Navy veteran for the new position of municipal infractions officer despite his extensive construction, electronic, communications and management experience. Instead, the EEOC said, the city chose the youngest candidate, a 25-year-old with little relevant experience.

Such alleged conduct violates the Age Discrimination in Employment Act. The EEOC filed suit after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

The agency seeks back pay and liquidated damages for the veteran as well as an order barring future discrimination. The suit, captioned EEOC v. City of Boone, Iowa (Civil Action No.04:10-cv-00233), was filed in federal district court in Des Moines and assigned to U.S. District Judge Robert W. Pratt.

“Older workers, who have given so much to our American economy, don’t lose the right to earn a living because of their age,” said EEOC Chicago District Director John Rowe, who supervised the agency’s investigation. “Employers need to know that the federal government will enforce our national policy against age discrimination.” (workersxzcompxzkit)

EEOC Chicago Regional Attorney John Hendrickson noted, “Age discrimination claims have risen sharply during these difficult economic times. More than ever, it is important for the EEOC to protect older workers and to shatter the myth that younger always means better.”

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
TD Calculator: http://www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.