Any other senior part-time car washers over age 45 laid off by UPS? The EEOC has determined that UPS has engaged in age discrimination against the part-time car washers as a class.
As one of the oldest and the most senior part-timer, with 33 years seniority, of approximately a thousand part-timers at my center, I have been laid off from the car wash and placed in the unload five times since Dec. 2006. I filed a grievance over the first lay-off and two weeks after I received a payment for that grievance I was laid off again. At that point I filed an age discrimination complaint with the EEOC (U.S. Equal Employment Opportunity Commission).
It took them over two years but the EEOC finally made a determination that UPS has engaged in age discrimination both in laying off and in assigning the senior car washers to the unload.
According to the EEOC:
"The Commission finds that Respondent's [UPS's] misapplication of the Collective Bargaining Agreement and misrepresentation of the applicable provision of the CBA were willful and evidence of age related animus directed against the Charging Party and other part-time car washers in the protected age group. Moreover, Respondent's action to offer Charging Party the duties of working in "hub" unloading trucks after having illegally displaced him through false application of lay off procedures, is also discriminatory.
Based on the analysis of the evidence, I have determined that Respondent subjected Charging Party to discrimination based on his age when he was selected for layoff and offered the physical and arduous work of unloading trucks, in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended.
Based on the evidence, I have also determined that part-time car washers in the protected age group were discriminated against, as a class, because of their ages, in violation of the Age Discrimination Act of 1967, as amended..."
As one of the oldest and the most senior part-timer, with 33 years seniority, of approximately a thousand part-timers at my center, I have been laid off from the car wash and placed in the unload five times since Dec. 2006. I filed a grievance over the first lay-off and two weeks after I received a payment for that grievance I was laid off again. At that point I filed an age discrimination complaint with the EEOC (U.S. Equal Employment Opportunity Commission).
It took them over two years but the EEOC finally made a determination that UPS has engaged in age discrimination both in laying off and in assigning the senior car washers to the unload.
According to the EEOC:
"The Commission finds that Respondent's [UPS's] misapplication of the Collective Bargaining Agreement and misrepresentation of the applicable provision of the CBA were willful and evidence of age related animus directed against the Charging Party and other part-time car washers in the protected age group. Moreover, Respondent's action to offer Charging Party the duties of working in "hub" unloading trucks after having illegally displaced him through false application of lay off procedures, is also discriminatory.
Based on the analysis of the evidence, I have determined that Respondent subjected Charging Party to discrimination based on his age when he was selected for layoff and offered the physical and arduous work of unloading trucks, in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended.
Based on the evidence, I have also determined that part-time car washers in the protected age group were discriminated against, as a class, because of their ages, in violation of the Age Discrimination Act of 1967, as amended..."
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