North Star Gas Ltd. (NSG) has settled a California Civil Rights Department (CRD) age discrimination claim, with $37,000 paid to the fired truck driver.

The CRD alleged a NSG manager justified a cut in the actively driving worker’s assignments because he was “too old” and “retired.”  NSG reportedly then fired the worker for his age (40 or over) in violation of the California Fair Housing and Employment Act.

NSG has also agreed to issue and distribute policy to detect and prevent unlawful harassment, discrimination, and retaliation; to designate an employee to investigate complaints; and to report compliance to CRD.

CRD Director Kevin Kish stated: “If you believe you’ve been discriminated against on the job because of your age, report it to our office. We’re committed to doing everything in our power to ensure older Californians are treated with dignity and respect. The settlement announced today makes it clear that no matter your industry or job, we all deserve a fair chance to make an honest living as we grow older.”

Take-Aways:

Those 40 and older have the same rights as other employees.  Companies must base decisions on employee competence and ability, not on protected characteristics such as age.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Take Heed: Responding to Harassment and Discrimination Complaints Correctly (July 28, 2023)
• Age Discrimination: Employee’s Suspicion Not Enough: Older Worker Needs More Than Her Belief of Unequal Treatment (March 10, 2023)
• Boss Sauced: Senior Managers Must Prevent Supervisor Harassment, Discrimination (September 23, 2019)

Helena Kobrin
Apri1 19, 2024