Age discrimination lawsuit against Darden again delayed

A federal judge again delayed the Equal Employment Opportunity Commission’s age-discrimination lawsuit against Darden Restaurants.

The earliest the two sides could meet in court regarding the three-yearold lawsuit would now be Aug. 29. The case is being heard in the U.S. District Court for the Southern District of Florida in Miami, where the trial would take place.

The EEOC sued Darden in February 2015 after two men claimed they were denied jobs at a new Seasons 52 restaurant in Boca Raton because of their age. Since then, the federal government’s anti-discrimination agency has combed through more than 10,000 applications at Seasons 52 restaurants and poured over Darden hiring documents. The EEOC has also interviewed more than 250 applicants they think may have been victims of age bias.

After more than two years of legal wrangling, the two sides were set to go to trial Nov. 27, 2017, before it was delayed to March 19.

The two sides say they still are not ready, prompting the second delay.

“Citing the numerous motions that are pending in this case, the parties state that rulings on those motions could dramatically affect their preparation for trial as well as the scope and nature of the trial itself,” said an order from Judge Joan A. Lenard. “The Court agrees.”

Darden Restaurants is based in Orlando and has more than 170,000 employees at brands such as Olive Garden, LongHorn Steakhouse, Seasons 52 and recently acquired Cheddar’s Scratch Kitchen.

Only Seasons 52 is part of the trial.

Judge Lenard handed down an order last week giving a delay to the pretrial conference but decided Wednesday the full trial would be scheduled for August.

The EEOC also had argued in January for delays because of the federal government shutdown, which lasted two days.

Since the case began, the two sides have argued over several issues, ranging from how many applicants can be included in the case to the line spacing in legal documents. Other issues at play include whether Darden’s restaurant chain has a systematic program for discriminating against older applicants or whether there were individual cases of bias, and studies by an independent expert examining hiring data at Seasons 52.