One would think that in 2017, discrimination of any type would be a thing of the past. Unfortunately, that is not the case. Discrimination is a common occurrence, and no industry, including the restaurant industry, is immune. For example, a Ruby Tuesday restaurant in Boca Raton was recently accused of age discrimination for refusing to “hire an older applicant because it wanted to maximize longevity.” Fortunately for the older applicant, Floyd Cardwell, the lawsuit reached a settlement agreement after the Georgia corporation agreed to pay $45,000.
One would think that in 2017, discrimination of any type would be a thing of the past. Unfortunately, that is not the case. Discrimination is a common occurrence, and no industry, including the restaurant industry, is immune. For example, a Ruby Tuesday restaurant in Boca Raton was recently accused of age discrimination for refusing to “hire an older applicant because it wanted to maximize longevity.” Fortunately for the older applicant, Floyd Cardwell, the lawsuit reached a settlement agreement after the Georgia corporation agreed to pay $45,000.
The lawsuit itself was filed by the U.S. Equal Employment Opportunity Commission (EEOC), and in it the agency charges 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.” According to the agency, when Cardwell reached out to the restaurant for an explanation as to why it didn’t hire him, the company “informed him it was seeking a candidate who could maximize longevity.”
Because of the blatant display of age discrimination, the EEOC decided to file the lawsuit because “age discrimination violates the Age Discrimination in Employment Act (ADEA).” It should be noted, though, that prior to filing the lawsuit in U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, the EEOC first tried to reach a “pre-litigation settlement through its conciliation process.”
So what kind of changes will the restaurant chain have to undergo as a result of the settlement agreement? For starters, “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,” according to the settlement agreement.
When speaking about the matter, Michael Farrell, director of the EEOC’s Miami District Office, said:
“The ADEA will mark its 50th Anniversary in December of this year…At this stage in our nation’s history, employers should be well aware that discrimination against qualified job applicants because of their age is a violation of federal law. Employers must remain vigilant in their efforts to make hiring decisions based on qualifications and not myths, fears or stereotypes associated with applicants over 40.”
Robert Weisberg, the regional attorney for the Miami District Office, also chimed in on the matter, saying: “Ruby Tuesday listened to the agency’s concerns and participated in a resolution that seeks to ensure a work environment inclusive of older workers.”
Sources:
Ruby Tuesday to Pay $45,000 to Settle EEOC Age Discrimination Suit
Join the conversation!