Filed Date: May 25, 2006
Closed Date: 2009
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In May 2006, the New York District Office of the EEOC (with the participation of the Boston Area Office) filed this suit against Alex C. Fergusson, Inc. in the U.S. District Court for the Western District of New York alleging discrimination in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"). Specifically, the defendant maintained a mandatory retirement policy, requiring employees to retire at age sixty-five. When the charging party turned sixty-five years old, the defendant told him he must retire or accept reduced hours and pay. After some discovery and scheduling orders, the parties settled in January 2007 through a consent decree.
The two-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: post an ADEA notice, distribute the notice and its anti-discrimination policy to all employees, report to the EEOC at specified intervals, and pay $50,500. In addition, the defendant agreed to provide training of at least eight hours to its management employees concerning Title VII, the Equal Pay Act, the Americans with Disabilities Act, and the ADEA. The docket sheet does not show any further enforcement; the case was presumably closed in 2009.
Summary Authors
Michele Marxkors (6/13/2007)
Last updated March 2, 2024, 3:05 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 25, 2006
Closing Date: 2009
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Equal Employment Opportunity Commission, on behalf of one or more workers.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Alex C. Fergusson, Inc., Private Entity/Person
Case Details
Causes of Action:
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 50500
Order Duration: 2007 - 2009
Content of Injunction:
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis:
EEOC-centric: