1. Home
  2. Newsroom
  3. RUBY TUESDAY, INC. SUED BY EEOC FOR AGE BIAS AGAINST CLASS OF OLDER APPLICANTS IN PA. AND OHIO
Press Release 09-30-2009

RUBY TUESDAY, INC. SUED BY EEOC FOR AGE BIAS AGAINST CLASS OF OLDER APPLICANTS IN PA. AND OHIO

     

PITTSBURGH -- The U.S. Equal Employment Opportunity Commission (EEOC) today  announced the filing of a class lawsuit against Ruby Tuesday, Inc. under the  Age Discrimination in Employment Act (ADEA) on behalf of older job applicants  who were denied hire due to ageism.

     

  The EEOC alleges that since at  least January 2005, Ruby Tuesday, Inc. has refused to hire individuals who were  in the ADEA’s protected class (age 40 or older) for restaurant positions at six  of its locations in Pennsylvania and Ohio. The restaurants at issue are located in West  Mifflin, Greensburg, Altoona,  Du Bois, and Indiana, Pa.,  as well as Beachwood, Ohio. Additionally, the EEOC says the  company failed to preserve employment records, including employment  applications, as required by the ADEA and EEOC regulations.
 
  “This case is another stark  reminder that age discrimination remains a persistent problem in the 21st  century workplace,” said EEOC Acting Chairman Stuart J. Ishimaru. “Corporate America should be well aware that  it is unlawful for employers to refuse to hire, or otherwise discriminate  against, older applicants and employees because of their age. The EEOC will fight forcefully to protect the  right of older individuals to be free of age discrimination in the workplace.”

     

In its suit, the EEOC seeks injunctive  relief -- including policies, procedures and training to prevent future  workplace discrimination -- and lost wages and liquidated damages for  individuals who were not hired because of age.         The EEOC filed suit in U.S. District Court for the Western  District of Pennsylvania after first attempting to reach a voluntary settlement(Civil  Action No. 09-1330).

     

EEOC Acting Regional  Attorney Debra Lawrence,  said, “Unfortunately, some companies  still make hiring decisions  based on factors such as age rather  than on an individual’s years of proven experience and ability to do the job.  The EEOC will not tolerate age discrimination in the workplace.”

     

        According  to its web site, “Ruby Tuesday, Inc. has Company-owned and/or franchise  Ruby Tuesday brand restaurants in 46 states, the District  of Columbia, Puerto Rico, Guam,  and 13 foreign countries. As of June 2, 2009, the Company owned and operated  672 Ruby Tuesday restaurants, while domestic and international franchisees  (including Hawaii)  operated 173 and 56 restaurants, respectively.

     

        In July  2009, the EEOC held a public hearing on age discrimination and barriers to the employment  of older workers. Additional information about the hearing can be found on the  EEOC’s web site at http://www.eeoc.gov/abouteeoc/meetings/7-15-09/index.html.

     

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on its web site at www.eeoc.gov.