Denied Hire or Promotion Because of Age Discrimination
An applicant for a position is denied hire into a new job or a current employee is denied a promotion to a new position with an employer and a younger, less qualified individual was selected for the position instead
- Dennis Vawter v. E. I. Du Pont De Nemours and Company (2016) Job applicant Dennis Vawter had a spotless record working as a chemical operator at another chemical company for over thirty-seven years before that company closed its doors. He applied for the same job with Du Pont but did not get hired. He was fifty-nine years old at the time. After learning that a much younger, less experienced applicant got hired instead of him, he sued the company for age discrimination. In the lawsuit he discovered that not one but twelve applicants had been hired the fill the chemical operator position he had applied for. More importantly, most of them were less experienced and all were much younger. The case was tried by a jury, and the jury returned a verdict in his favor and awarded him $100,000.00 in compensatory damages for lost pay and benefits, mental distress, humiliation and embarrassment, and loss of enjoyment of life. The trial court judge then awarded him front pay for a period of three years in the amount of over $120,000.00, plus $74,200.00 for his attorney's fees.
- A confidential settlement for $120,000.00 was obtained before trial in a hiring discrimination lawsuit filed by a seventy-two year old truck driver who was working for one trucking company when he applied for a similar but higher paying position with another trucking company. Despite him having a fifty year five million mile perfect driving record, several younger, less qualified applicants were hired by that company instead of him.