EEOC Sues Seymour Midwest For Age Discrimination
INDIANAPOLIS — Seymour Midwest, Warsaw, allegedly violated federal law when it rejected a 58-year-old executive upon learning he was older than the company’s ideal range of 45-52. A lawsuit was filed in August by the U.S. Equal Employment Opportunity Commission.
According to EEOC’s suit, Seymour Midwest selected Steve Maril, from a pool of applicants for its senior vice president of sales position, to participate in an initial, e-mail-based interview. In addition to questions about his experience and willingness to relocate, the company asked whether Maril was within its ideal age range of 45-52. When the company learned he was older than its ideal age range, the company refused to hire him.
The case was filed on Aug. 20, in U.S. District Court Northern District, South Bend. Judge Theresa L Springmann was assigned the case and has referred the matter to Magistrate Judge John E. Martin. Attorneys for both sides have filed their appearances. Seymour Midwest is being represented by Anthony M. Sites, Barrtt & McNagny LLLP, Fort Wayne. Michelle E. Eisele and Jonathan P. Bryant are representing the EEOC.
Parties involved have until Oct. 2 to file a response to the courts.
Laurie A. Young, regional attorney for EEOC’s Indianapolis District Office, said “In rejecting an experienced applicant based on age, Seymour Midwest denied him his legal right to equal employment opportunity. Employers must look beyond age and focus on the qualifications of the individuals, when making employment decisions.”
Such alleged conduct violates the Age Discrimination in Employment Act, which prohibits age-based discrimination against applicants who are age 40 or older. EEOC filed suit after first attempting to reach a settlement through its conciliation process.
EEPC’s suit seeks monetary relief for Maril as well as court injunctions intended to educate the company about its obligations under the ADEA, remedy past discrimination and prevent future ADEA violations.