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.

Michele Marxkors - 06/13/2007


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