EEOC Sues Novo Nordisk for Age Discrimination

NEW YORK – Novo Nordisk, Inc., a manufacturer and distributor of insulin and diabetes care products based in Plainsboro Township, New Jersey, violated federal law when it denied a lateral transfer to a 62-year-old employee because of her age, the U.S. Equal Employ­ment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, the employee, who had been employed by Novo Nordisk as an obesity care specialist since 2015, applied and interviewed for a vacant obesity care specialist position in another territory closer to her residence. The position was ultimately offered to a less-qualified 33-year-old individual from another state. An internal investigation conducted by Novo Nordisk found that the hiring manager violated the company’s anti-dis­crimination policy when it chose the younger candidate because he wanted someone who would be in the position “long-term.” Despite its finding of age discrimination, Novo Nordisk refused to transfer the 62-year-old employee to the territory for which she had applied.

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), which protects employees from workplace discrimination based on age. The EEOC filed suit in U.S. District Court for the District of New Jersey (EEOC v. Novo Nordisk, Inc., Civil Action No. 3:22-cv-3482) after first attempting to reach a pre-litigation settlement through its concili­ation process. The EEOC seeks relief designed to remedy and prevent the age discrimination in this case. The case will be litigated by EEOC Trial Attorney Edumin Corrales and EEOC Super­visory Trial Attorney Kimberly Cruz.

“The ADEA prohibits discriminating against anyone with respect to compensation, terms, conditions or privileges of employment based on his or her age,” said Jeffrey Burstein, regional attorney for the EEOC’s New York District Office. “The EEOC’s prosecution of this case underscores that the ADEA protects employees from adverse decisions motivated by age discrimination, including those involving lateral transfers.”

Judy Keenan, director of the EEOC’s New York District Office, said, “The EEOC is committed to enforcing the ADEA and ensuring that decisions involving older employees and applicants are based on the candidate’s qualifications, and not age.”

EEOC Trial Attorney Edumin Corrales added, “The unfounded stereotype that older workers are less valuable or less committed to an organization’s long-term goals and strategy should play no role in employment decisions.”

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination.

The EEOC’s New York District Office is responsible for addressing discrimination charges and conducting agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.