Restaurant Chain Accused of Refusing to Hire Older Workers

The EEOC has filed an age discrimination lawsuit against Seasons 52.

Seasons 52, a national restaurant chain and one of the Darden restaurant brands, is facing a lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA). The lawsuit accuses the business of engaging in a nationwide pattern or practice of age discrimination in hiring hourly employees.

According to the EEOC, Seasons 52 has been discriminating against a class of applicants since at least 2010 for both “front of the house” and “back of the house” positions, such as servers, hosts, and bartenders. Darden currently owns and operates 43 Seasons 52 restaurants in 18 states, 35 of which have opened since 2010. When opening new restaurants, the restaurant chain allegedly refused to hire workers on the basis their age, discriminating against those 40 years and older.

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Seasons 52 management hiring officials would travel to attend new restaurant openings where they oversaw staffing. In at least one case where a hire was not made, the applicant was told that the restaurant chain “wasn’t looking for old white guys.” Other explanations given to applicants when they were denied positions include “too experienced,” the restaurant’s desire for a youthful image, and looking for “fresh” employees.

“As workers remain in the workforce longer, it is more important than ever that we refocus on the principle of non-discrimination based on age in the workplace,” says Robert E. Weisberg, regional attorney for the EEOC’s Miami district.

After failure to reach a pre-litigation settlement through its conciliation process, the EEOC filed suit Civil Action No. 1:15-cv-20561-JLK in U.S. District Court for the Southern District of Florida. The agency is seeking monetary relief for applicants denied employment because of their age, as well as the adoption of strong policies and procedures to remedy and prevent age discrimination by Seasons 52, and training about discrimination for its managers and employees.

Weak Q4 Dampened Master Trust Returns in 2014

Returns in the BNY Mellon U.S. Master Trust Universe were positive in 2014, but a weak forth quarter pushed performance well below 2013 levels.

The 2014 fourth quarter results for the BNY Mellon U.S. Master Trust Universe portray weak results for returns, with the median quarterly return at 1.62%. 

This factor resulted in yearly performance for the typical fund of +6.6%, below the +14.3% returned in 2013. More favorable statistics from the quarter were evident in the 93% of plans that returned positive results, while 43% of plans matched or outperformed the custom policy return for Q4.

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The BNY Mellon U.S. Master Trust Universe, a fund-level tracking service, notes corporate plans recorded the highest median return (+2.36%), followed by Taft-Hartley plans (+1.56%). Senior Consultant for BNY Mellon’s global risk solutions group John Houser adds, “Corporate funds outpaced other plan types with a return of +8.56%, getting a boost from their relative over-weighting of U.S. equity holdings.” He continues, “Following behind corporates, endowment funds returned +6.51% on average, while Taft Hartley plans lagged all plan type at +5.62%.”

Additional results from Q4 include:

  • U.S. equities posted a quarterly median return of +5.13%, and non-U.S. equities displayed a median return of -2.82%.
  • U.S. fixed income had a median return of +1.35%, while non-U.S. fixed income had a median return of -1.79%.
  • Real estate had a median return of +3.25%

BNY Mellon is a global investments company and its U.S. Master Trust Universe service consists of 644 corporate, foundation, endowment, public, Taft-Hartley, and health care plans with a market value of more than $2.7 trillion and an average plan size of $3.7 billion.

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