A federal agency has filed an age discrimination suit against Freudenberg-NOK General Partnership on behalf of a man, who claims he was not hired for a comptroller's position in its Bristol facility because of his age — 58.
According to the suit filed in the U.S. District Court for New Hampshire by the Equal Employment Opportunity Commission, Timothy Poh applied for the position on Oct. 26, 2006. He said he followed up on his interview on Nov. 11 and again on Dec. 28 of that year when he realized the position had been re-advertised on the employment website monster.com and he had yet to be contacted.
The suit alleges on Jan. 3, an unnamed Freudenberg representative called Poh and said that although he was "well qualified" the company "was looking for someone 'not quite so old with as much experience'" as he had.
The suit further alleges Freudenberg-NOK offered the position to two younger applicants and eventually hired a younger, less qualified person for the job.
Under the Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to discriminate against employees aged 40 and older based on age. The EEOC is the federal agency charged with enforcing federal anti-discrimination laws in the workplace.
"Age discrimination is a big problem in New England," said lead trial attorney Arnold Lizana, assigned to the EEOC's regional office in Boston. He went on to say that if there are any other similar complaints or settlements against Freudenberg-NOK he was unaware of them.
Lizana said filing this or any other suit is "not a decision we take lightly," and they actually litigate a very small percentage of complaints filed with them.
"Our attempts to resolve this have been unsuccessful," Lizana said adding they attempt to conciliate every case without the expense of litigation.
He said when employers "exhibit blatant disregard for the rights of older workers," they run the risk of becoming the subject of a lawsuit.
"Far too often, employers base their employment decisions on age rather than ability. This practice is not only illegal, it undermines a person's right to dignity and a quality of life," said EEOC New York District Director Spencer H. Lewis. "The goal of this lawsuit and others like it is to change this unfortunate reality."
The suit asks for Freudenberg-NOK to enjoin all the directors and officers of the company from discriminating against other older workers, to institute and carry out practices and program that provide equal employment opportunities for individuals 40 and older, and to "eradicate the effects of its past and present unlawful employment practices."
The suit also asks for Freudenberg-NOK to pay back wages and an equal sum as liquidated damages to Poh in an amount to be determined at a jury trial.
Freudenberg Vice President of Human Resources and Public Relations Sarah O'Hare said she is currently unaware of a lawsuit, but if there is one, she would not be in a position to comment.
"Freudenberg-NOK takes pride in its handling of its associates and we abide by all legal requirements and beyond," said O'Hare. "We reject all forms of discrimination and its part of our code of conduct."
Freudenberg-NOK operates seven facilities in New Hampshire — one each in Laconia, Bristol, Franklin, Ashland, and Manchester and two in Northfield. O'Hare said they employ more than 1,000 people statewide and are one of the largest employers in New Hampshire.
