Posted On: March 26, 2010 by Peter M. LaSorsa

Kmart Settles Age Discrimination Lawsuit For $120,000

Kmart Corporation pays $120,000 to settle an age discrimination, constructive discharge and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 70-year-old pharmacist. According to details in the lawsuit, Kmart thought the pharmacist was too old and should retire. Kmart also said the pharmacist was greedy for wishing to work once she reached 70 years of age.

Kmart scheduled the pharmacist to work on Sunday even though they were aware she attended church and would not be able to work that day. This is a prime example of how coompanies try to set workers up for failure by asking them to do something they know they can't do in an attempt to come up with a reason to fire the worker. Kmart also threatened legal action against the pharmacist using a pretext on an unrelated matter to retaliate against her for her discrimination complaint. The pharmacist was forced to quit her position because of the harassment and this is referred to as constructive discharge.

“Instead of addressing this pharmacist’s legitimate complaints of age discrimination, Kmart made a bad situation worse by threatening her for complaining,” said EEOC Acting Chairman Stuart J. Ishimaru.

It is sad that a good employee who is 70 years old is treated this way by a major corporation. I am glad to see the pharmacist came forward and fought for her rights against this big corporation. There are protections in place to help workers who are over 40 years of age and believe they are being discriminated against.

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