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U.S. Equal Employment Opportunity Commission



PRESS RELEASE
9-27-11

Trinity Protection Services Sued By EEOC For Age And Sex Discrimination

Older Males Let Go in Favor of Younger Females, Federal Agency Charged

SACRAMENTO,  Calif. — Maryland-based security firm Trinity  Protection Services violated federal law by dismissing older males and favoring  younger females for armed security guard positions in Sacramento, the U.S. Equal Employment  Opportunity Commission (EEOC) charged in a lawsuit filed today.

In late February  2008, Trinity discharged armed security guard William Clark, age 73, along with  three other men and three women, because of their scores on an arms  requalification shoot. While the men  were told to wait six months before taking the requalification test again, the  women were called approximately a month later and invited to come in and re-qualify. The men ranged in age from 66 to 73, while  the women were ages 28, 29 and 50.  Trinity asserted that it brought the younger women back early because it  was “hurting for employees.” However,  the EEOC’s investigation found that the company did not extend the same  invitation to reapply to the older men.

“I had worked  at the same job with other federal contractors since 1990 and never had a  problem,” said Clark. “When Trinity took over the contract, they  apparently decided to push out the older male workers in favor of younger  females. I am glad that the EEOC  recognized this injustice and is taking the case forward.”

Discrimination based on age  violates the Age Discrimination in Employment Act (ADEA) and discrimination  based on gender violates Title VII of Civil Rights Act of 1964. After first attempting to reach a pre-litigation  settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Trinity Protection Services, Inc.)  in U.S. District Court for the Eastern District of California, and seeks  monetary damages on behalf of Clark, training  on anti-discrimination laws, and other steps to prevent future discrimination.

EEOC San Francisco Regional  Attorney William R. Tamayo said,  “Workers are staying in the work force longer,  particularly in the current economic climate.  Employers should not be pushing out experienced workers just because of  their age.”

EEOC San Francisco District  Director Michael Baldonado added, “Taking the initiative to diversify your work  force in terms of gender cannot be done at the expense of the rights of other  employees. Trinity’s invitation to  requalify should have been extended to all the workers affected, not just the  younger women.”

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