Car Dealer Failed to Rehire and Terminated Older Workers, Federal Agency Charges
CLEVELAND - Davis Automotive Group, Inc., doing business as BMW Cleveland, an automobile dealership located in Solon, Ohio, violated federal law by intentionally subjecting older workers to age discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed on September 27, 2019.
According to the suit, BMW discriminated against a former employee by refusing to re-hire her because of her age (52), and for terminating two sales employees because of their ages (67 and 70).
As a result of these practices, the company violated the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination in employment against people who are age 40 or older, according to the lawsuit.
The EEOC filed its lawsuit (EEOC v. Davis Automotive Group, Inc. t/a BMW Cleveland, Civil Action No. 1:19-cv-02257) in U.S. District Court for the Northern District of Ohio, Eastern Division, in Cleveland after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks monetary relief, including back pay and liquidated damages, for the three former employees. The suit also seeks injunctive relief to prevent future age discrimination, including an order for BMW to institute policies, practices and procedures that conform to the requirements of federal law.
"Failing to employ and discharging qualified people because of their age is not only unfair, it is against the law," said Debra Lawrence, regional attorney for EEOC's Philadelphia District Office. "We will continue to combat these abhorrent employment practices that violate federal law as well as common justice."
The EEOC's Philadelphia District Office oversees Delaware, Maryland, Pennsylvania, West Virginia, and parts of New Jersey and Ohio. The legal staff of that office also prosecutes discrimination cases from Washington, D.C. and parts of Virginia.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.