J&M Industries to Pay $105,000 to Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

Manufacturing and Distribution Company Settles Federal Lawsuit Alleging It Fired Employee Because of Age

NEW ORLEANS – J&M Industries, Inc., a manufacturing and distribution company based in Ponchatoula, Louisiana, has agreed to pay a former employee $105,000 to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, J&M Industries violated federal law when it fired an employee because of her age after she refused to retire when she turned 65 years old. A company manager asked the employee repeatedly about retirement as she approached her 65th birthday. After telling the company she had no plans to retire, the company informed the employee her position of purchasing agent was being eliminated due to economic uncertainty. Less than a month after firing the employee, the company hired a man in his thirties as a new purchasing agent, the same position the company claimed to have eliminated.

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against individuals 40 or older because of age. The EEOC filed its suit (EEOC v. J&M Industries, Inc., Civil Action No. 2:23-cv-01100) in U.S. District Court for the Eastern District of Louisiana. Under the three-year consent decree settling the suit, J&M Industries will pay the former employee $105,000 in back pay and liquidated damages; conduct training; revise policies; provide regular reports to the EEOC; and post a notice affirming its obligations under the ADEA.

“This resolution serves the public interest,” said Rudy Sustaita, regional attorney for the EEOC’s Houston District Office. “It provides relief for the former employee and will help protect others from age discrimination. We are pleased that the EEOC and J&M Industries were able to reach this resolution.”

Peter Theis, senior trial attorney for the EEOC New Orleans Field Office, said, “Age discrimination is wrong, and employers that discriminate against older workers violate the law.”

The EEOC’s New Orleans Field Office is part of the Houston District Office, which covers Louisiana and parts of Texas.

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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