The suit alleges that Bay State Milling Company discriminated against Gary Legore, a qualified applicant, when the hiring manager for the Indiantown, Florida, miller vacancy rejected him for the position because of his age. The hiring manager informed Legore of the company’s desire to hire a younger individual for the job. The company ultimately hired a 22-year-old with less experience than Legore.
This alleged conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits discrimination based on an individual’s age, covers both employees and job applicants. The EEOC filed its suit (case no. 2:12-cv-14439-DLG) in the U.S. District Court for the Southern District of Florida.
Bay State Milling Company agreed to settle the suit and will pay $80,185 and furnish other relief to Legore. The monetary award includes back pay and liquidated damages. The consent decree settling the lawsuit, approved by the court on December 10, also includes mandatory training for the hiring manager, interviewing officials and the company’s human resources department, with an emphasis on age-related discriminatory practices and age sensitivity. The decree also provides for a number of reporting requirements, which subject the company to additional monitoring by the EEOC for a period of two years.
According to company information, Bay State Milling employs between 200 and 500 people nationwide at approximately nine facilities.