Facts

James Yu was a 72-year-old employee of defendant City of San Jose. In 2001, he was employed as an assistant heavy diesel equipment operator mechanic, and applied for a promotion to become a full heavy diesel equipment operator mechanic. There were three positions available, and Mr. Yu was one of four applicants for the positions. Mr. Yu received the lowest interview score, and the other three applicants were hired. One applicant declined the position, but Mr. Yu was not asked to fill the vacancy. The plaintiff brought suit for age discrimination.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Mr. Yu was the most qualified candidate for the job, with over 50 years of related experience. He suggested that he was passed over for the promotion because someone thought he was too old. He had always received positive evaluations during the course of his career with the city. The job requirements upon promotion were not anything new for plaintiff, aside from the requirement that he work graveyard shifts if he received the promotion.

The plaintiff claimed that one of Mr. Yu's supervisors had expressed concern that Mr. Yu would die while working a graveyard shift. Mr. Yu emphasized that he had immigrated to the United States from China at the age of 54, and although his English is not polished, he is capable of effective communication with others and had overcome language barriers in his assistant mechanic position.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the decision not to promote Mr. Yu was a valid business decision. It emphasized that Mr. Yu's poor interview score was the main consideration. It said that Mr. Yu had offered incomplete answers to questions and failed to explain his thoughts. The defendant did not think Mr. Yu should be placed in a position where he would be giving orders to others. It further pointed out that Mr. Yu's supervisor had recommended Mr. Yu apply for the promotion and sat on the interview panel. The supervisor denied ever making the comment about plaintiff dying.

Finally, the defendant claimed that Mr. Yu had no legitimate past lost wage claim because he continued to work as an assistant mechanic and did not allege he had ever missed any work.

Specials in Evidence

The plaintiff requested double earnings that Mr. Yu had lost due to the city's failure to promote him as liquidated damages, pursuant to the Age Discrimination in Employment Act of 1967, but did not specify a sum.

Damages

The plaintiff demanded back pay plus interest, lost retirement benefits, and that Mr. Yu be promoted.

Result

The case settled prior to trial for $35,000.

Other Information

The settlement did not include a promotion.