There is no workplace exempt when it comes to discrimination; and education about employment law is the best protection. This is why Tayeb Hyderally continues to provide educational resources and training at workplaces. His expert advice in the area of employment law is useful to both employee and employer. Proper training can prevent many different types of discrimination. Ty Hyderallys’ expertise in employment law can help workers, co-workers or employees identify the injustice when it occurs. His expert advice can ensure that workers know how to report instances and guard themselves from retaliatory actions. Mr. Hyderally arms businesses and individuals with the information needed to keep workplaces free from discrimination. In this case against Kmart Corporation, discriminatory practices should not have happened, but they should have been handled much differently when they did occur.
EEOC VS Kmart Corporation
The EEOC filed suit against the Kmart Corporation for harassing a pharmacist who was 70 years old. The allegations were that she was harassed, forced to quit and was threatened if she were to retaliate. During her 4 year employment the pharmacy manager frequently made discriminatory remarks about her age. She was allegedly accused of being “greedy” since she continued to work at 70 years of age and the manager sent her written notes such as “the pharmacy is no longer your forte” and “you need to retire from pharmacy work now.” These statements were clearly written in a communication book that was used by the entire department. The pharmacist was also told openly by the manager on many occasions that she was “too old” and that she should “just retire.”
The pharmacy manager repeatedly and purposefully scheduled her to work Sundays with the knowledge that she attended church on Sunday. This action was to try to encourage her to resign, according to the EEOC. When the pharmacist complained about the age-based discrimination to company managers including the general manager, district manager and the human resources manager nothing was done. Instead, Kmart threatened her with legal action based on an unrelated matter if she pursued the complaint of discrimination. Eventually she was forced to resign in an attempt to avoid the mistreatment.
The Cost of Age Discrimination
The EEOC filed a lawsuit in the U.S. District Court of Hawaii on the basis that Kmart did not pursue remedial action which eventually forced the pharmacist to quit. They also argued that the lack of action on Kmart’s part was in violation of the ADEA. (Age Discrimination in Employment Act) Rather than addressing her legitimate complaints about the age related discriminatory actions, Kmart threatened her for complaining. The suit was settled and Kmart agreed to pay the pharmacist $120,000. To cooperate with the EEOC the company also had to enter a 3-year consent decree. This stipulated that Kmart would post a notice about the case and hire an EEO trainer. The company also had to review and revise their anti-discrimination policies, provide ADEA training to all staff members yearly, and make certain that all performance evaluations completed by management staff would reflect any discriminatory misconduct.