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Wyrok p-ko Austrian Airlines za dyskryminacje

poprzedni wątek | następny wątek pl.soc.prawo
2006-01-14 16:56 Wyrok p-ko Austrian Airlines za dyskryminacje mela
Okragle pol miliona za wyrzucenie kierownika z pracy. I to bez rozprawy
sadowej. Widac nie czuli sie na silach bronic swoich praktyk.

A jak sobie dzielne linie Austrian radza Polsce, i jak rzad radzi sobie
z ich dyskryminacja?




Friday, Jan. 13, 2006

Austrian Airlines Agrees to Settle Age Bias Claims for $500K

By LINDA COADY, ESQ., Andrews Publications Staff Writer

Austrian Airlines will pay $500,000 to settle an Equal Employment
Opportunity Commission lawsuit that accused the airline of age
discrimination against its 51-year-old former director of sales when it
fired him and then replaced him with a 32-year-old employee.

The consent decree, which provides for a $500,000 payment to the fired
sales director, William Thoman, still must be approved by U.S. District
Judge Edward Korman.

According to the complaint filed in the U.S. District Court for the
Eastern District of New York, Thoman was fired from his job as sales
director for Austrian Airlines North America in December 2002 because he
objected to the airline's general manager's remarks that older Americans
are "worthless and ineffective" and that U.S. law prevented the company
from just "get[ing] rid" of older workers. Thoman's replacement was 32
years old, the complaint says.

Thoman filed a charge of age discrimination with the EEOC, which decided
to pursue the claim on his behalf. The agency filed suit in federal
court for alleged violations of the Age Discrimination in Employment Act
after concluding the dispute could not be resolved through its voluntary
pre-litigation conciliation process.

The $500,000 payment includes $250,000 for alleged lost wages and/or
benefits, while the balance is for agreed-upon damages, according to the
consent decree. In exchange, Thoman has agreed to sign a general release
and Austrian will pay him $1,000 for the lawyer he hired to review the
terms of that release, the agreement says.

The settlement, which remains in effect until Sept. 1, 2008, requires
Austrian Airlines to display an EEOC poster in the lunchroom of all of
its U.S. locations, including its offices in New York, Chicago and
Washington, D.C.

The poster outlines employee rights under federal anti-discrimination
statutes, what role the EEOC plays in cases of discrimination and
procedures employees should follow if they believe they have been the
victims of discrimination.

Austrian also agrees to establish a complaint procedure and to provide
continuing training for its employees and sales and marketing managers
in the United States. However, the training must be provided by an
entity approved by the EEOC, in this case, the law firm Jackson Lewis
LLP, according to the settlement.

The airline also agreed to monitoring by the EEOC, a procedure that may
involve the agency's inspecting records and interviewing employees and
witnesses to be certain the airline is complying with the settlement
agreement.

Equal Employment Opportunity Commission v. Austrian Airlines, No.
05-CV-00294, settlement announced (E.D.N.Y. Dec. 28, 2005).

Employment Litigation Reporter
Volume 20, Issue 13

01/13/2006
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