The City of Boone, Iowa violated federal law by hiring
a 25-year-old rather than a more qualified 62-year-old because of the
latter’s age, the U.S. Equal Employment Opportunity Commission (EEOC)
charged in a lawsuit filed today.
The agency’s administrative investigation which preceded the lawsuit
revealed that in 2005 the city rejected a U.S. Navy veteran, Larry
Cook, for the new position of municipal infractions officer despite his
extensive construction, electronic, communications and management
experience. Instead, the EEOC said, the city chose the youngest
candidate, a 25-year-old with little relevant experience.
Such alleged conduct violates the Age Discrimination in Employment
Act. The EEOC filed suit after first attempting to reach a voluntary
pre-litigation settlement through its conciliation process. The agency
seeks back pay and liquidated damages for Cook as well as an order
barring future discrimination. The suit, captioned EEOC v. City of Boone, Iowa
(Civil Action No.04:10-cv-00233), was filed in federal district court
in Des Moines and assigned to U.S. District Judge Robert W. Pratt.
“Older workers, who have given so much to our American economy,
don’t lose the right to earn a living because of their age,” said EEOC
Chicago District Director John Rowe, who supervised the agency’s
investigation. “Employers need to know that the federal government will
enforce our national policy against age discrimination.”
EEOC Chicago Regional Attorney John Hendrickson noted, “Age
discrimination claims have risen sharply during these difficult
economic times. More than ever, it is important for the EEOC to protect
older workers and to shatter the myth that younger always means better.”
The City of Boone, which is about 15 miles west of Ames and 30 miles
northwest of Des Moines, had a population of 12,614 as of 2008.