Wednesday, September 28, 2011

EEOC: Private Security Company Discriminated Against Older Male Security Guards

On September 27, 2011, the federal Equal Employment Opportunity Commission filed a complaint against Trinity Protection Services, Inc., a private security company.  The complaint alleges Trinity discriminated against older, male security guards in favor of younger, female guards.  The lawsuit, EEOC v. Trinity Protection Services, Inc., Case No. 2:11-cv-02535-KJM-DAD, was filed in the Eastern District of California.

The complaint alleges that in 2008 seven security guards at the company's Sacramento location did not reach a qualifying score on an arms requalifying test and were terminated by Trinity.  The men, ages 66 to 73, were told they had to wait at least six months to retest and reapply.  The women, ages 28, 29 and 50, however, were invited to retest earlier and reinstated in their positions.  According to the EEOC, this practice constituted unlawful age and sex discrimination.  In a press release, EEOC San Francisco District Director Michael Baldonado said, “Taking the initiative to diversify your work force in terms of gender cannot be done at the expense of the rights of other employees. Trinity’s invitation to requalify should have been extended to all the workers affected, not just the younger women.”  The lawsuit seeks an injunction, damages and a federal court order Trinity implement policies, practices and programs to eradicate discrimination at the company.