On May 17, the Equal Employment Opportunity Commission (EEOC) sued the Ruby Tuesday restaurant chain for discrimination against an older applicant.
According to the lawsuit, the alleged victim had over 20 years of experience in the restaurant industry and was applying for a general manager position at Ruby Tuesday’s Boca Raton location. The alleged victim was 59 years old at the time, and according to the lawsuit the person hired instead was 17 years younger. The alleged victim was told via email that the company was trying to “source the ideal person for the job in order to maximize longevity and minimize premature resignations.”
The EEOC claims Ruby Tuesday violated the Age Discrimination in Employment Act (ADEA) of 1967, which states that it’s unlawful to “fail or refuse to hire or to discharge any individual… because of such an individual’s age.”
The EEOC first attempted to reach a pre-litigation settlement via its conciliation process, though later resorted to filing a lawsuit in U.S. District Court for the Southern District of Florida. Currently, the lawsuit seeks injunctive relief and compensatory and liquidated damages.
Robert Weisberg, regional attorney for the Miami District Office, stated “The ADEA was put in place precisely to protect people against this type of conduct. The bustling hospitality industry needs to be reflective of all of the members of our community.”
Michael Farrell, director of the EEOC’s Miami District Office, also commented stating, “In the South Florida area, we represent the interests of many different people. Age cannot be a factor in whether or not someone can earn a living.”
