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Employment Law
Discrimination
Age Discrimination in Employment Act

U.S. Equal Employment Opportunity Commission v. City of Milpitas

Published: Jun. 4, 2016 | Result Date: Apr. 13, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 5:15-cv-04444-RMW Settlement –  $140,000

Court

USDC Northern


Attorneys

Plaintiff

Peter F. Laura
(U.S. Equal Employment Opportunity Commission)


Defendant

Erich W. Shiners
(Renne Sloan Holtzman & Sakai LLP)


Facts

The U.S. Equal Employment Opportunity Commission sued the City of Milpitas on allegations of age discrimination.

Contentions

PLAINTIFF'S CONTENTIONS:
The City of Milpitas allegedly refused to hire applicants over the age of 50. Several claimants, who ranged in age between 55 and 58 applied for, and were interviewed for, the Executive Secretary to the City Manager position. The claimants claimed that the panel selected a 39-year-old applicant despite the claimants' qualifications and higher rankings.

Following an investigation, the EEOC and the city attempted at a pre-trial conciliation process, which did not result in a solution. As a result, the EEOC sued the city on allegations of age discrimination.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations, claiming that the younger applicant possessed experience and skills that the other candidates did not.

Damages

The claimants sought back pay, front pay, and liquidated damages.

Result

The parties reached a consent decree, under which, the city agreed to pay three of the claimants $140,000. The city also agreed to implement revised age discrimination policies, provide training to its employees, and provide reports to the EEOC.

Other Information

FILING DATE: Sept. 28, 2015.


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