Downers Grove, Illinois Feb 23, 2023 (Issuewire.com) - Cooper's Hawk Intermediate Holdings, dba Cooper's Hawk Winery and Restaurant, a privately held, upscale modern casual restaurant, allegedly violated federal laws when it denied advancement to a 52 year old employee because of her age. According to the complaint, the employee who had been employed since October, 2017 had inquired about advancement on several occasions. The employee was passed over again and again, despite qualifications, in favor of younger candidates. The company repeatedly ignored multiple, years-long inquiries and refused further training, while hiring candidates from outside the organization, as well as promoting internally.
Such alleged conduct violates The Age Discrimination in Employment Act (ADEA) (29 U.S.C. §§ 621-634), which prohibits discrimination based on age (40 and over). For more information, see ADEA. The employee filed the complaints after first attempting to reach a pre-litigation settlement. It is illegal for an employer to make employment decision based on the employees age. Age discrimination is unjust and unlawful. This is a textbook example of age discrimination. The EEOC is steadfast in it's commitment to review the case, and if substantiated, enforce the laws that protect individuals 40 years of age and older from unlawful discrimination.
The unrelated harassment allegation claims that Cooper's Hawk violated federal law by subjecting the employee to egregious and ongoing harassment due to race and was severe enough to force the employee to leave her job. There was no good faith effort to prevent and/or promptly correct the bullying and retaliation. According to the complaint filed, Cooper's Hawk cultivated a toxic work environment by allowing the other employee to harass the claimant and other employees at it's St. Charles, Illinois location. The general manager, area director and HR department failed to take appropriate action to stop the intimidating behavior and continued to schedule side-by-side shifts together. Cooper's Hawk agreed to investigate the complaints but permitted the alleged harasser to remain in the workplace. Such conduct violates Title VII of the Civil Rights Act of 1964 (Title VII) (42 U.S.C. § 2000e), which prohibits discrimination based on race, color, sex (including amendments by the Pregnancy Discrimination Act and the Civil Rights Act of 1991), national origin, and religion.
A separate complaint filed with the Illinois Department of Labor for ODRISA violations spanning 49 months, alleges that no breaks were given or offered during long shifts.
The discharged employee seeks lost wages, forward pay, as well as monetary compensation for the emotional distress suffered in addition to punitive damages and injunctive relief.
Cooper's Hawk is a privately held company with over 50 locations across the US.
Source :Cooper's Hawk Winery and Restaurant
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