Wal-Mart settles EEOC age discrimination claim for $150K to avoid further litigation costs

David Yates Feb. 24, 2015, 8:04am


Seeking to avoid further litigation costs, Wal-Mart recently settled an age discrimination claim brought by one of its fired managers, agreeing to pay the former employee $150,000.

On behalf of David Moorman, the Equal Employment Opportunity Commission filed suit against Wal-Mart Stores of Texas on March 12, 2014, in the U.S. District Court for Northern Texas, Dallas Division.

The EEOC alleged that since February 2011, Wal-Mart engaged in unlawful employment practices, violating the Age Discrimination Employment Act by subjecting Moorman, 54 at the time of his termination, to a hostile work environment before firing him on July 11, 2011.

“Moorman was discriminated against, having been harassed by his direct supervisor, Market Manager Teddy Martyniuk. Among other age-based discriminatory comments and conduct, Martyniuk repeatedly referred to Moorman as 'old man,’” the suit states.

“Moorman reported the age-based comments and harassment to Defendant’s Regional Human Resources Manager. The Defendant failed or refused to take prompt effective remedial measures to prevent and correct the harassment.”

Court records show Wal-Mart answered the suit on July 16, asserting, among other defenses, that Moorman failed to exhaust his administrative remedies before bringing the claim.

However, court records further show the EEOC “endeavored to eliminate the unlawful employment practices through informal conciliation methods, but was unable to secure from Defendant a conciliation agreement acceptable to the commission.”

On Feb. 17 a consent decree was entered in the record, stating the parties agree to compromise and settle the differences embodied in the EEOC’s complaint.

“This consent decree is not an admission of liability by Walmart, which joins this consent decree to avoid the disruption, costs, delay and expense of continuing this litigation.”

On top of agreeing to pay Moorman $150,000, Wal-Mart also consented to providing EEO training for its employees.

The EEOC is represented in part by attorney David Lopez.

Attorney David Livingston represents Wal-Mart.

Case No. 3:14-cv-00908

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