Manager Refused to Hire a 60-Year Old Female Applicant Because of His Belief That She Could Not Handle the 'Physicality' of the Job, Federal Agency Charges

Eagle Parking, LLC., a full-service parking management company headquartered in Atlanta, violated federal law by discriminating against an applicant for employment because of her gender and her age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a recently filed lawsuit.

According to the EEOC's lawsuit, on or about Jan. 12, 2016, 60-year-old Valencia Hayden applied for a valet position with Eagle Parking. During her interview, the operations manager looked at Hayden's application and told her that she would not be successful as a valet because of the "physicality of the job." Instead, the operations manager told Hayden that she would be perfect for a customer service position and told Hayden to come back the following week to attend orientation. The day before she was scheduled to begin her new positon, Hayden called to ask what time she should report. However, the operations manager told Hayden that the job had already been filled. Eagle Parking's records show that, after Hayden was interviewed, it hired several male valets and customer service employees who were substantially younger than Hayden.

Such alleged conduct violates Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The EEOC filed suit (Equal Employment Opportunity Commission v. Eagle Parking, LLC, Civil Action No. 1:17-cv-2904-TWT-CMS) in U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement through its conciliation process. The federal agency seeks back pay, compensa­tory damages, punitive damages and liquidated damages for Hayden, as well as injunctive relief designed to prevent such discrimination in the future.

"This suit sends a strong message to employers that applicants must be judged strictly on their ability to perform the job, and not on stereotypes associated with their gender and age," said Bernice Williams-Kimbrough, director of the EEOC's Atlanta District Office.

Antonette Sewell, regional attorney for the Atlanta District Office, added, "What is most disturbing about this case is that the hiring official automatically assumed that Ms. Hayden was not qualified to work as a valet or customer service parking manager because of her age and the fact that she is a woman. Such managerial behavior is not legal or acceptable in the 21^st century."

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.