Most of the people that come to visit our employment law lawyers have been unlawfully discriminated or wrongfully terminated by their employer. What most people don’t realize is that potential employees are protected under Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (“ADA”), Age Discrimination in Employment Act (“ADEA”) and related Ohio statutes (R.C. § 4112.99, – R.C. § 4112.02(N), R.C. § 4112.05, R.C. § 4112.14). These statues prohibit a broad range of discriminatory potential employer conduct, including failure to hire, failure to interview, and even sexual harassment of applicants.
For example, take the case of Patricia Catterson, a 64-year-old applicant for an assistant professorship in dance composition at Marymount College. Per suit documents, the college initially identified Catterson and two other applicants as finalists for the position. After rating Catterson as the leading and most qualified candidate, the school’s employment search committee expanded its search criteria so as to include a less qualified younger applicant as a newly added fourth finalist because it considered her to be “at the right moment of her life for commitment to a full-time position.” According to the suit, the college instead hired a 38-year-old less qualified and less experienced applicant.
This sets up a plethora of good evidence for employment discrimination attorneys to use. The employer established that the employee, who was well above the protected age limit of 40, was qualified for the position and chose a different candidate that was substantially younger. Moreover, the employer built in aggravating factors, such as practically selecting Catterson, only to then reopen the search in what appears to be an intentional effort to find a younger employee. On top of that, comments about “right moment in life” can clearly be interpreted to be age based comments. With all of this age discrimination evidence, this case should certainly reach a jury.
When the employer realized the legal pickle they created for themselves, they ultimately agreed to an age discrimination settlement for $125,000 and other non-monetary consideration. The starting salary for this type of position appears to be about $68,000 – about half of the settlement. As such, even without ever being hired for the position, settlement value of a wrongful refusal to hire case still has substantial value and our employment attorneys are here to help you pursue these cases.
If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at (216) 273-3742. The Spitz Law Firm is dedicated to protecting employees’ rights and solving employment disputes.
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