The EEOC
The case began with allegations that Seasons 52 in Coral Gables discriminated against two male applicants, then expanded from there.
is lining up potential witnesses to testify about an alleged pattern of age discrimination in hiring at Darden Restaurant’s Seasons 52.
The EEOC is lining up 254 potential witnesses to testify about an alleged pattern of age discrimination in hiring at Darden Restaurant's Seasons 52.
The Equal Employment Opportunity Commission is pressing for a Nov. 27 trial date in the case, originally filed in February 2015. The case began with allegations that Seasons 52 in Coral Gables discriminated against two male applicants, then expanded from there.
Darden argued against that date in a reply, citing possible logistical issues for both sides because of holiday-season business levels. Many witnesses in the case work in the restaurant industry, which is busiest from Thanksgiving to New Year’s Day.
“During this time, many witnesses for both parties will have limited or no availability. Furthermore, even witnesses who can be available may be forced to take time off of work during a period when they typically earn more money and need it most to pay for holiday expenses,” Darden’s motion to the court says.
The EEOC hasn’t let up on its case after the Trump Administration took charge in January. The commission held a hearing June 14 marking the 50th anniversary of the Age Discrimination in Employment Act. At that event, it heard from experts who said age bias in the workplace was persistent.
“With so many more people working and living longer, we can’t afford to allow age discrimination to waste the knowledge, skills, and talent of older workers,” acting EEOC Chair Victoria A. Lipnic said in a recent announcement.
In the Darden case, the EEOC contacted thousands of people over 40 who applied for jobs at Seasons 52. A year ago, it said it had 151 people who claimed they were treated with bias. With the new number at 254, Darden will face a stronger case against it.
“Darden is going to argue, just because some older workers weren’t hired doesn’t mean there’s a companywide policy,” said Michael Hanna, Orlando attorney with Morgan & Morgan who is not involved in the
Darden case. “The EEOC will have to show there is a pattern, and they will have to show an actual percentage of new hires experienced this.”
The EEOC’s initial complaint in the lawsuit alleged that Seasons 52 wouldn't hire two men, Anthony Scornavacca, then 52, and Hugo Alfaro, then 42, because of their age.
Darden has fought the allegations at every turn of the case. A Darden spokesman has maintained that “we remain confident that our hiring practices are compliant with all applicable regulations."
Darden is Orlando's only Fortune 500 company and has 150,000 workers at 1,500 restaurants nationwide.
The EEOC said the following experts will testify for the federal agency:
David Neumark, professor of economics and director of the Center for Economics & Public Policy at University of California-Irvine, who will present statistical evidence supporting a pattern or practice of discrimination.
Michael A. Campion, psychologist and professor of management at Purdue University, who will present evidence on behalf of EEOC with respect to Defendant’s hiring and other processes.
These are Darden’s experts, according to court records:
Ali Saad, managing partner of Los Angeles-based Resolution Economics LLC, who will rebut or respond to Neumark’s testimony.
Peggy S. Stockdale, professor of psychology, Indiana University, responding to Campion’s testimony.
The EEOC is accepting more comment about age discrimination until Thursday. Public comments may be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C. 20507, or emailed to CommissionMeetingComments@eeoc.gov.