Cedar Point Amusement Park To Pay $50,000 To Settle Age Discrimination Lawsuit
Ohio’s Cedar Point Amusement Park recently settled an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that the amusement park would provide housing at significantly below-market rates for seasonal employees coming from out of town. However, during the 2021 and 2022 seasons, Cedar Point implemented a policy prohibiting employees aged 30 and older (other than entertainers) from living in employee housing. As a result, older out-of-town seasonal workers could not resume their seasonal employment at Cedar Point. The housing ban created economic barriers to seeking employment. The policy was rescinded at the beginning of the 2023 season.
Such conduct is a violation of the Age Discrimination in Employment Act (ADEA) which prohibits the denial of equal terms, conditions, and/or privileges of employment based on an individual’s age.
In addition to providing former employees with monetary relief, the five-year consent decree that settled the lawsuit will require Cedar Point to provide for a systemic non-monetary relief intended to prevent further age discrimination and continue to utilize a housing policy that does not discriminate against employees aged 40 and under.
Cedar Point will implement a revised ADEA policy. The consent decree will also require Cedar Point to provide training on ADEA for management personnel responsible for employment decisions.
Understanding the suit
You cannot implement a policy that structurally discriminates against employees of a protected characteristic. In this case, it would be similar to saying that only white employees are allowed to access seasonal housing for employment. Such a policy would be, on its face, completely racist and violate Title VII of the Civil Rights Act of 1964. It seems less egregious when older Americans are targeted by a similar policy. Nonetheless, it’s illegal. Age is a protected characteristic. All Americans over the age of 40 are entitled to the same opportunities as those under the age of 40. Discrimination against older employees still persists.
The big takeaway from a case like this is that, as an employer, you cannot implement a policy that targets a protected characteristic. If an employer offers a benefit to an employee, they must not discriminate in offering that benefit. The housing ban created an economic barrier for older employees. It created a situation where they lost their employment based on a discriminatory policy. Ultimately, one of their employees reported the policy to the EEOC. Now, the company is out $50,000 and has the EEOC breathing down its neck for the next 5 years to ensure that future violations do not occur.
Talk to a Columbus, OH Employment Discrimination Lawyer Today
If you operate a business in Ohio, then you likely must abide by federal regulations regarding discrimination in employment. Any company that implements a discriminatory policy could face a lawsuit filed by private counsel or the EEOC. Kohl & Cook Law Firm, LLC represents the interests of employers in ensuring compliance with Title VII of the Civil Rights Act and defending them from employment discrimination lawsuits. Call our Columbus consumer lawyers today to learn more.
Source:
insurancejournal.com/news/midwest/2024/03/21/765871.htm
