Compliance

EEOC Sues Ruby Tuesday for Age Bias

According to the lawsuit, the company informed a candidate that it did not hire him because it was seeking a candidate who could "maximize longevity."

By Rebecca Moore editors@plansponsor.com | May 18, 2017

The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit that Ruby Tuesday, Inc. violated federal law by refusing to hire a qualified applicant at its Boca Raton, Florida, location because of his age.

According to the EEOC's suit, the company declined to hire a qualified applicant with more than 20 years of experience in the food and beverage industry for a general manager position at its Boca Raton restaurant. In response to an inquiry by the applicant as to why Ruby Tuesday declined to hire him, the company informed him it was seeking a candidate who could "maximize longevity."

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit against Ruby Tuesday, Inc. in U.S. District Court for the Southern District of Florida, Fort Lauderdale Division (EEOC v. Ruby Tuesday, Inc., No. 1:17-cv-21817) after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks injunctive relief and compensatory and liquidated damages.

"In the South Florida area, we represent the interests of many different people," says Michael Farrell, director of the EEOC's Miami District Office. "Age cannot be a factor in whether or not someone can earn a living."

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