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Former RadioShack employee wins $675,000 final judgment in EEOC case


A former RadioShack Corp. employee has won a $675,000 final judgment in an age discrimination and retaliation case filed on his behalf by the Equal Employment Opportunity Commission, the agency said Thursday.

In 2007, David Nelson, then 55, had been employed by RadioShack for more than 25 years when the Fort Worth, Texas-based company assigned a new 43-year-old regional manager to supervise him, said the EEOC.

Within four months of the new supervisor's arrival at RadioShack's Denver regional office, Mr. Nelson, who had previously had a spotless performance record, was placed on two “performance improvement plans.” He complained to the human resources department that he felt he was being discriminated against because of his age and was terminated five days later.

In September, a U.S. District Court jury in Denver awarded Mr. Nelson $187,706 in back pay on the retaliation claim and found RadioShack's conduct was willful.

On Wednesday, an evidentiary hearing was held on EEOC's motion seeking front pay in lieu of reinstatement, as well as an award to offset the increased tax burden Mr. Nelson will face because of receiving the entire judgment in a lump sum.

Judge Lewis T. Babcock ruled that in addition to the $187,706 jury award, Mr. Nelson was entitled to liquidated damages, front pay and tax offsets, for a total award of $674,938 plus interest accrued since the jury verdict.


EEOC General Counsel Patrick Lopez said in a statement, “The commission is dedicated to the enforcement of all the anti-discrimination laws and, if necessary, will try the cases. This is the latest in a series of commission trial victories nationwide.”

Rita Kittle, supervisory trial attorney for the EEOC’s Denver field office who tried the case for the EEOC, said in a statement, “It is particularly important for the EEOC to vigorously enforce the anti-retaliation provisions in the employment discrimination laws. If employees do not feel comfortable coming forward when they feel they are being discriminated against, the very purpose of the anti-discrimination statutes is eviscerated.”

A RadioShack spokesman could not immediately be reached for comment.

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