U.S. Equal Employment Opportunity Commission
Company Terminated National Sales Rep Because of Age, Federal Agency Charges
DALLAS — The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has filed suit against Advance Components, Inc. for age discrimination, complaining that the company unlawfully subjected a national sales representative to age-based termination.
According to the EEOC’s lawsuit, filed in U.S. District Court for the Northern District of Texas (Civil Action No. 3:11-cv-02115-B), Dan Miller, national sales representative for the company’s central region, was terminated on Oct. 6, 2009 because of his age, 61. The company claims that the termination was a result of the “economic downturn.” The EEOC investigation revealed that a much younger employee with less experience was given Miller’s territory.
Such alleged conduct violates the Age Discrimination in Employment Act (ADEA). The EEOC sued after first attempting to reach a voluntary settlement. The agency seeks injunctive relief including the formulation of policies to prevent and correct age discrimination. The suit also seeks lost wages and interest and other damages.
“The owner of this company wanted to project a new, younger image,” said EEOC Senior Trial Attorney William Backhaus. “He should not have chosen to fire an older salesman hired by the company founder to achieve whatever fleeting image he was seeking. Mr. Miller’s only fault was not staying forever 30.”
The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.