Ohio Department of Natural Resources to pay $500K in age bias suit
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A former engineer for the Ohio Department of Natural Resources has been awarded more than $500,000 in an age discrimination suit he brought against the department.
According to an order issued by the Court of Claims of Ohio in Columbus, Ohio, in Richard W. Warden v. Ohio Department of Natural Resources, Mr. Warden accepted a two-year buyout and retired from his position as an engineer in the department's mineral resources management division in 2006. He subsequently accepted three 1,000-hour contracts to resume work with the division.
In 2010, the department posted a position for a full-time engineer, and Mr. Warden applied. He was told he it was not likely that he would be selected for the post because he was a retiree, and the job was eventually given to a 39-year-old, according to the ruling by Judge Alan C. Travis, which was issued Tuesday. Mr. Warden was 54 at the time.
The court found the decision to offer the younger man the position constituted age discrimination.
Additionally, “Upon review, the court finds that the greater weight of the evidence demonstrates that plaintiff exercised reasonable diligence in looking for other suitable employment after being rejected” for the engineer position, it said.
“The court further finds that reinstatement is inappropriate under the circumstances,” said the ruling, noting that the person who was hired, “an innocent party,” is now in his third year on the job, and that Mr. Warden had said in 2010 that he only intended to work for another five years.
The court awarded Mr. Warden a total of $507,700, including $157,000 in back wages.
A spokesman for the state attorney general's office said it was considering its options.
