EEOC Accepts Charitable Donation To End Age Lawsuit Against IT Firm

Victim gets nothing in latest EEOC settlement in age discrimination case

Instead of its usual practice of settling for chump change, the EEOC is now accepting charitable donations from employers in lieu of damages to settle age discrimination lawsuits.

The EEOC issued a press release this week announcing it has negotiated a $15,000 charitable contribution to settle its retaliation lawsuit against Software People, Inc., an IT support staffing agency based in Long Island. The EEOC will select a charitable organization that “addresses age discrimination or age-related employment opportunities” to receive the funds.

The EEOC declined to comment Thursday when asked why no damages were assessed against Software People in the case.

The case arose after a recruiter asked job applicant Timothy Mailloux to provide the date he completed his education, which was not on his resume. Mailloux refused to answer, stating that questions designed to determine an applicant’s age are illegal under federal age discrimination law. He was not referred for the desk support position even though he was previously assured that he would be.

Mailloux gets nothing under the settlement.

The EEOC characterized the recruiter’s inquiry as discriminatory. It charged Software People with retaliating against Mailloux in violation of the Age Discrimination in Employment Act of 1964 for refusing to refer an “otherwise qualified candidate for a position after he objected to a recruiter’s inquiry concerning the candidate’s age.”

The settlement was approved by U.S. District Court Judge Joanna Seybert of the Eastern District of New York.

Un-Answered Questions

Several questions come to mind:

1. Did Software People require applicants to reveal the date they completed their education?

2. How many people were not referred to Software People because they refused to supply their graduation date?