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Employment Law
Age Discrimination
ADEA

U.S. Equal Employment Opportunity Commission v. Catholic Charities CYO

Published: Aug. 29, 2009 | Result Date: Jun. 17, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 3:08-cv-04374-SI Settlement –  $30,000

Court

USDC Northern


Attorneys

Plaintiff

Dana C. Johnson


Defendant

Jose A. Montalvo
(Law Offices of John A. Biard)

Paul N. Cesari


Facts

Plaintiff Gilbert Brigham, age 71, was employed by Catholic Charities as a case manager. He was assigned to its facility in San Francisco. On June 30, 2003, Brigham was terminated from his position. Catholic Charities indicated that Brigham's employment contract required a social work master's degree in addition to four years of work experience. Brigham's master's degree was in public administration.

The Equal Employment Opportunity Commission (EEOC) filed suit against Catholic Charities, on behalf of Brigham, alleging age discrimination per the Age Discrimination in Employment Act.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant engaged in age discrimination by terminating his position, hiring instead a younger less-qualified individual. The plaintiff also claimed that a contract was never entered into requiring a certain degree to maintain employment.

DEFENDANT'S CONTENTIONS:
The defendant contended that it was undergoing a reorganization, which required that plaintiff's part-time position be made full-time. The defendant offered plaintiff full-time employment, which was rejected. Thus, defendant was forced to terminate plaintiff. The defendant also denied that a younger, less-qualified individual was hired to fill the position.

Damages

The plaintiff requested reinstatement and back wages, as well as injunctive relief.

Result

The parties agreed to a consent decree, which ordered defendant to pay $30,000. The defendant was also required to administer age discrimination training among its employees and to supply periodic reports to the EEOC.


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