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California AAA sued for age discrimination and harassment by 10 former employees

Ten “top-producing, long time sales representatives” have filed an age discrimination lawsuit agasinst the California State Automobile Association and a number of its managers.

In the lawsuit, filed in Contra Costa Superior Court on November 1, 2010, the former employees allege that CSAA “engaged in a pattern and practice of targeting older, top-producing sales representatives for discipline and termination.”

The plaintiffs were allegedly expected to meet the same sales targets as younger agents even though the plaintiffs had large “books of business,” which took time to manage, while the younger employees allegedly had limited or no existing books of business to manage.

The complaint includes the following claims:

Plaintiffs heard managers, including Clovis manager, Lupita Medina, make comments that the older agents should just retire.

Whitley Robertson, the Area Manager, orchestrated a policy of over-hiring new sales reps and intimidating and harassing older sales agents.

Rather than address discriminatory treatment, Ms. Robertson laughed when people made comments to Mr. Fitzgerald at meetings about his age.

Ms. Robertson refused to remedy any complaints of unfair practices and always made it known that she was glad when people were fired because she “didn’t like them anyway.”

Stacy Shelton, a one time sales manager in Clovis, targeted older, senior sales agents for discipline and termination.  Ms. Shelton told Ms. Cline that older reps just can’t sell like the younger reps.

Ms. Shelton wrote up Ms. Cuellar for not saying hello to her assistant when she came in.  Ms. Cuellar protested that she had done no such thing, but Ms. Shelton just repeatedly reprimanded her in front of the assistant.  Mr. Cuellar was harassed, intimidated and bullied in Ms. Shelton’s office for approximately five hours for this.

After this incident, Ms. Cuellar complained to Human Resources manager, Felix Tomasino, regarding Ms. Shelton’s treatment of her.  Mr. Tomasino agreed that Ms. Cuellar was bullied, intimidated and harassed by Ms. Shelton, yet nothing was done to remedy the situation.

After Mr. Devivo returned to work full time in January 2009, Phyllis Upton and Whitley Robertson constantly threatened him with termination.  They micromanaged him and constantly approached his desk to taunt him about whether he would make his numbers.

Mr. Manning was often referred to by his manager, Grace Overton, as “old school” and an “old timer.

Also named as defendants in the lawsuit are Jose Placentia and Rick Restani.

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California AAA sued for age discrimination and harassment by 10 former employees
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