As small and midsize business owners, it is crucial to understand the implications of violating employment laws, particularly those pertaining to age discrimination. A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against a commercial electrical contractor, underscores the penalties for engaging in discriminatory hiring and recruitment practices.

In this article, we delve into the details of the case and highlight the importance of fair and inclusive employment practices.




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The Age Discrimination Lawsuit

The commercial electrical contractor’s New Jersey branch is accused of engaging in discriminatory hiring and recruitment practices against workers aged 40 and older. The EEOC alleges that since November 2020, the company has refused to hire older applicants for project manager and estimator positions based solely on their age.

The lawsuit claims that the vice president of the New Jersey branch specifically requested a recruiting company to seek out younger candidates and rejected older workers based on their age, thereby violating the Age Discrimination in Employment Act (ADEA).

Additionally, the same vice president is accused of engaging in age-discriminatory recruitment practices and failing to maintain proper records, which is in violation of federal law.

Violations of the Age Discrimination in Employment Act

The alleged conduct described in the EEOC’s lawsuit against the commercial electrical contractor violates the ADEA, a federal law that prohibits age discrimination in employment. The ADEA safeguards the rights of workers aged 40 and older, ensuring they are not subjected to discriminatory practices throughout the hiring process.

In this case, the EEOC filed a lawsuit in the U.S. District Court for the District of New Jersey after attempts to reach a pre-litigation settlement through conciliation were unsuccessful.

The Consequences and Importance of Compliance

Employers must recognize the importance of adhering to laws that protect workers from age discrimination. As the workforce continues to age, it becomes crucial to ensure that hiring decisions are based on qualifications and not on age-related biases.

Discriminatory practices in hiring and recruitment can lead to legal consequences, damaging a company’s reputation and incurring financial penalties.


The lawsuit filed by the EEOC against the commercial electrical contractor serves as a reminder to small and midsize business owners about the severe penalties associated with age discrimination in the workplace. It emphasizes the significance of treating all job candidates fairly and evaluating their qualifications without prejudice based on age.

By embracing inclusive hiring practices and complying with federal laws, businesses can foster a diverse and productive workforce while avoiding legal troubles and upholding ethical standards.

It is imperative to stay informed about employment laws, including those addressing age discrimination, to ensure a workplace environment that respects the rights and dignity of every employee.

Connect with an HR expert at Asure to stay compliant when hiring employees.

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