EEOC SUES KMART FOR AGE HARASSMENT, RETALIATION

Honolulu Store Forced 73-Year-Old Pharmacist Out of Job, Federal Agency Charges

HONOLULU – Kmart Corporation, which operates several stores in Hawaii, violated federal law by subjecting a  73-year-old female pharmacist to age  harassment, retaliation and forcing her out of her job, the U.S. Equal  Employment Opportunity Commission (EEOC) charged in a lawsuit announced today

  The EEOC charged  in its suit that the pharmacy manager of a Kmart on North Nimitz Highway in  Honolulu subjected the woman to age-based insults, such as telling her she was  “too old to work,” that she “should retire,” should “retire from pharmacy work  now,” and other discrimin­atory conduct.  Although Kmart received notice of the harassment, the company failed to  take appro­priate action to investigate and correct the hostile workplace, as  the law requires.

  Instead, the  EEOC said, Kmart subjected the woman to a hostile work environment by berating  her for lack of competence, making discriminatory comments in performance  evaluations, telling her again to retire, and wrongfully accusing her of regulatory  violations. Finally, the pharma­cist was  forced to resign to escape the discriminatory conduct.

  Age  discrimination and retaliation for complaining about it violate the Age  Discrimination in Employment Act (ADEA).  The EEOC filed suit (EEOC v. Kmart  Corporation, CV-09- 00300 in U.S. District Court for the District of Hawaii)  after first attempting to reach a voluntary settlement. The federal agency seeks lost wages and liquidated  relief to prevent and correct any future workplace discrimin­ation.

“The  EEOC is committed to preventing age harassment against workers,” said Regional  Attorney Anna Park of the EEOC’s Los Angeles District Office, which has  jurisdiction for Hawaii.  “The EEOC is also committed to protecting  employees from retaliation for exercising their rights against discrimination. All workers, regardless of age, have the  right to work in an environment free of harassment and retaliation.”

  EEOC Honolulu  Local Director Timothy Riera added, “No one should have to endure being  harassed because of their age. Every  employee, regardless of age, has the right to earn a paycheck or keep her  employment. The EEOC will continue to  rigorously defend people against age bias to ensure equal job opportunity for older  workers.”

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