Labor & Employment Law

$175,000 age discrimination settlement

EEOC sued Astea International, claiming it discharged a 47 year old vice president and replaced him with someone 15 years younger.

The parties entered a consent decree proving for payment of $175,000 and other relief.

EEOC Press release 02/02/2010:

Astea International Will Pay $175,000 to Settle EEOC Age Discrimination Lawsuit

Global Software Company Fired 47-Year-Old VP Because of Age, Federal Agency Said

PHILADELPHIA ? The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed and resolved an age discrimination lawsuit against Horsham, Pa.-based Astea International, Inc. for $175,000 in monetary relief and significant equitable relief.

According to the EEOC?s lawsuit, Frank Fesnak satisfactorily performed his duties as vice president of strategic alliances but was fired because of his age, 47. The EEOC charged that after Fesnak was assigned to report to a different supervisor, the new supervisor made derogatory comments regarding older workers. Astea, a professional consulting services group, abruptly terminated Fesnak and hired someone 15 years younger to replace him, the EEOC said in its lawsuit, Civil Action No. 10-CV-286, filed in U.S. District Court for the Eastern District of Pennsylvania.

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit after first attempting to reach a pre-litigation settlement.

In addition to the $175,000 in monetary relief to Fesnak, the two-year consent decree includes: injunctive relief prohibiting Astea from engaging in unlawful age discrimination; anti-discrimination training; and the posting of a notice about the settlement. Astea did not admit liability in the consent decree, which was approved by the court on Jan. 26.

?We are pleased that Astea worked with us so that we could file both the complaint and the consent decree resolving the lawsuit on the same day without the parties engaging in costly litigation,? said Acting Regional Attorney Debra Lawrence of the EEOC?s Philadelphia District Office, which oversees Pennsylvania, Delaware, West Virginia, Maryland, and parts of New Jersey and Ohio. ?In addition to providing satisfactory monetary relief, the consent decree contains important equitable relief to prevent future workplace problems, including training of all managers and employees at the corporate headquarters.?

In Fiscal Year 2009, age discrimination charges reached 22,778, the second-highest level ever. In July 2009, the EEOC held a public hearing on age discrimination and barriers to the employment of older workers. Additional information about the hearing can be found on the EEOC?s web site at http://www.eeoc.gov/eeoc/meetings/7-15-09/index.cfm.

According to its web site, Astea International is a global provider of service management software solutions. Further information about the company is available on its web site, www.astea.com.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Full post as published by Ross' Employment Law Blog on February 07, 2010 (boomark / email).