Woodburn Fertilizer Sued for Age Discrimination

EEOC Says Company Pushed Out Older Worker After 10 Years of Successful Employment.

Age discrimination is a growing subject worldwide Image courtesy: advantageemploymentlaw.co.uk

(WOODBURN) - "Woodburn Fertilizer, a branch of the Wilbur-Ellis Company, subjected a long-time employee to harassment and unequal treatment because of her age and then forced her to quit", the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed Thursday.

The EEOC's suit asserts that Carolyn Arzino, an experienced, 55 year-old accounting secretary, faced age harassment and treatment different from younger co-workers at Woodburn Fertilizer.

According to the EEOC, after ten years of excellent service, Arzino received an unwarranted poor performance evaluation, was put on probation and suffered repeated derogatory comments about her age.

"The company treated Arzino so poorly that she felt she had no other option but to resign", the EEOC says. Woodburn Fertilizer then replaced her with a less qualified individual who was significantly younger.

"Losing my job after working for the company for so long was devastating to me," Arzino said. "Woodburn had been like a family to me, and had it not been for the age harassment and mistreatment from my new supervisor, I would have happily continued working for the company until my retirement."

Age discrimination violates the Age Discrimination in Employment Act, which protects individuals 40 and older from employment discrimination. The EEOC filed this suit only after first attempting to reach a voluntary settlement through conciliation. The suit seeks monetary damages, training on anti-discrimination laws, posting of notices at the work site and other injunctive relief.

EEOC San Francisco District Director Joan Ehrlich said, "It is not only illegal to target older workers for discriminatory treatment, but it's also bad for business. Employers should not let age-based myths and stereotypes blind them to the actual strengths and contributions older people may offer, especially with the graying of the work force."

EEOC San Francisco Regional Attorney William R. Tamayo added, "Employment decisions must be based on merit and ability, not age. We filed this lawsuit to send a message to employers that age discrimination will not be tolerated."

Incorporated in 1921, Wilbur-Ellis Company is an international marketer and distributor of agricultural and industrial products, with sales exceeding $1.631 billion in 2005. Woodburn Fertilizer is located in Woodburn, Oregon. Wilbur-Ellis is headquartered in San Francisco, CA.

The EEOC enforces the nation's laws in the private and federal sectors prohibiting employment discrimination based on race, color, gender, religion, national origin, age and disability. The Seattle Field Office's jurisdiction includes Alaska, Idaho, Montana, Oregon, and Washington.

Further information about the EEOC is available on its web site at U.S. Equal Employment Opportunity Commission (EEOC).