Barber, Banaszynski & Hiatt, PSC

2018 marks the 50 year anniversary of the passage United States Age Discrimination in Employment Act (ADEA).
posted by Jeffrey E. Hiatt
Tags: In the news 

2018 marks the 50 year anniversary of the passage United States Age Discrimination in Employment Act (ADEA). This law provides an opportunity for individuals to seek relief from discrimination in employment based on age over the age of 40. It has been administered for the past 50 years by the United States Equal Employment Opportunity Commission (EEOC) and has cured a great number of illegal employment actions.

Unlike race and sex discrimination, age discrimination does not usually get as much press coverage as it might, but it is nonetheless a significant law and has resulted in some significant changes. The most recent resolution worthy of consideration in the state of Kentucky is the settlement of a nationwide class action against the Texas Roadhouse. Texas Roadhouse is a Kentucky based corporation that provides steaks and other food to the general public. Several years ago, the EEOC filed a lawsuit claiming that the Texas Roadhouse had engaged in a nationwide pattern and practice of hiring discrimination involving what are known as the front-of-the-house employees. These are the hosts, waiters and food servers that work in the restaurant. Texas Roadhouse denied any discrimination and the matter proceeded through a lengthy trial. The first trial resulted in a hung jury and the matter was scheduled for retrial when the company and the EEOC agreed to settle.

The settlement provides that the Texas Roadhouse will set up a $12,000,000.00 fund to settle any and all claims of age discrimination and will also institute some affirmative relief and practices to avoid any future incidents.

This is the kind of work one can expect from agencies responsible for enforcing age discrimination laws. In Kentucky, persons believing they have been the victim of employment discrimination can file with the United States Equal Employment Opportunity Commission or with the Kentucky Commission on Human Rights. The Kentucky Commission on Human Rights is a state agency that has authority under the Kentucky Human Rights Act to enforce age discrimination laws. Both laws offer the opportunity for individuals to pursue claims of age discrimination by engaging an attorney to file a legal action (a lawsuit) on their behalf. Barber, Banaszynski & Hiatt, P.S.C. can handle these cases.