A Boise-area man has filed an age discrimination lawsuit against a Nampa business after the CEO mistakenly replied to his job application with an e-mail that said, “He must be old – and just looking for something to do.” The Idaho Human Rights Commission has found “probable cause” that El Centro Finance of Nampa unlawfully discriminated against Kenneth Wold, who was 46 at the time of his application for the position of operations manager. That administrative finding is one of the conditions necessary before an employment discrimination lawsuit can be filed under Idaho law.
The CEO, Benjamin S. Page, told the commission that age had nothing to do with his failure to hire Wold.
He said the intended recipient of the March 14, 2006 e-mail was Levi King, a business consultant helping with the hiring process, according to court records. Page said he inadvertently hit “reply” rather than “send” when he sent the e-mail late at night.
Page also said Wold, who has significant military and security experience, lacked specific credentials for the position, while the 37-year-old man hired for the job, Ernie Burkett, had exceptional credentials.
According to court papers, both Page and King said they were bothered by the last sentence in Wold’s letter of interest: “I look forward to becoming part of the team there and please contact me if you have any questions or other requirements.”
King told the commission that “it was a typical military statement, aggressive, and a turn off.”
Page wrote in the e-mail misdirected to Wold that the sentence was “weird.”
Both men also told the commission that Wold’s military experience was not relevant for the job.
Wold is asking for a jury trial and is seeking general and compensatory damages as well as special damages from lost income and benefits. Court papers say he was forced to take a position with substantially lower compensation.
El Centro Inc., located at 1604 Garrity Boulevard, includes business entities in insurance, mortgage, real estate and taxes, which all share common management.
A message left with El Centro has not been returned.
The following is the full text of the Page’s e-mail:
“Damn. I’m here late trying to get through emails – I just saw this one I missed somehow and it is a week old.
Check it out – I don’t know what I think. He must be old – and just looking for something to do.
I think his last sentence is weird – how can he already be looking forward to joining the team – how can he be sure he wants to work here.
Call him if you want – and let me know. Thanks.”
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8 Comments
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I think the world is way overkill on suing people. The email wasn't meant to be seen by applicant, and if the applicant is ready to sue someone, then I don't blame them on not hiring them. Business owners have to be so scared and walk on egg-shells anymore, no wonder the world is crazy when it comes to hiring. Give me a break, he had some concerns, voiced them (although to the wrong person by accident), and now he has to read about it. It would only be age discrimination if he said, "I can't hire him, he is too old." Be done with it, tell this guy to go get a job, or sue, someone else, and leave this company alone! Comment By Jerry
Friday, June 27, 2008 @ 3:08 PM
There is a real problem here beyond the email boo-boo that is revealed in comments made by the CEO and by the hiring consultant. Evidently the hiring consultant is anti-military in stating that a sentence in Wold's letter was "...typical military..." What exactly is "typical military?" I'm a vet, and I have no clue to a "typical military" statement. And the statement in question was a very common closing statement - I look forward to joining your team, and contact me if you have questions. That does not seem too "aggressive" to me, nor as the CEO said "weird." If the applicant had not listed his military experience how would they have characterized that statement? While the CEO and hiring consultant state the applicant's military experience was not "relevant" for the job - neither should it be a detriment, as it seems in this case. Must Wold falsify his resume and leave off his military experience to be hired? This may or may not be a case of age discrimination, but it sure reeks of veteran discrimination. Comment By Michael Tomlin
Friday, June 27, 2008 @ 3:39 PM
This guy needs to get a life. I agree with Jerry. If is said he couldn't hire him because of age he'd have a reason. From the looks of it the CEO didn't know the guys age and told the recruiter to contact him if he felt he was worthy. Obviously the bum wasn't or he wouldn't be suing because he can't find a decent paying job in his field. Comment By David
Friday, June 27, 2008 @ 3:46 PM
Jerry, mind quoting your true age, I'm 58? I suspect this seems to be a frivolous lawsuit because you have no frame of reference or perspective; but, sooner or later you will. Shame on El Centro and Mr. Page. It is Mr. Page's statement "old" and "and just looking for something to do" that is damning. Without talking to Mr. Wold he is assuming that there isn't a dire financial need for a job; or some other circumstances for submitting an application. Now if Mr. Page had responded by saying that Mr. Wold didn't appeared to meet job qualifications, then that's justification for no further consideration. But stating age and linking it to a perceived lack of sincerity is entirely different. This is exposing a growing trend that is only visible to those that it affects. I've personally seen 60 year olds sent to pasture and replaced by 3 20 year olds; even though some of those 20 year olds were only good for barking loud and marking territory. Comment By Kent
Friday, June 27, 2008 @ 3:51 PM
Agism is a disgusting thing and I find it shocking that 46 is considered old! We do not become decreasingly valuable as we age, quite the opposite. We gain wisdom, experience and are less impulsive. I'd love to know how OLD the CEO who write that is. Comment By A sister
Friday, June 27, 2008 @ 4:25 PM
Not sure how this guy made CEO-- he obviously needs tech training and a class on behaving in a professional manner in all matters of communication, as well as a class today's demographics! People are living longer, in a healthy state of physical and mental well-being. Perhaps he hasn't heard of the "revolving" retiree. People returning to the workplace because they're qualified to continue working and they're bored with retirement. I'm not particularly keen on the applicant filing a lawsuit, but he certainly deserved to be heardj-- and the CEO deserved to be exposed! Comment By Professional Observer
Tuesday, July 1, 2008 @ 7:11 PM
You can't make baby boomers happy first mandatory retirement forcing people out of work as they came into the work force and now age discrimnation suits to keep them there. It would be nice as an employer if I hire based on qualifications Comment By Brian Jay
Thursday, July 3, 2008 @ 11:51 AM
This is interesting. Should the employer be mandated to hire someone not qualified for a position? Absolutely not. Should the employer and his consultant be taken to task for their stupidity? Absolutely yes. I concur with the Professional Observers' observation, Not sure how this guy made CEO. What a fool, along with his consultant. Another military hater. They obviously despise the very same group that has paid for his ability to conduct his business, with their blood, their lives, and their sacred honor. Sound familiar? Maybe a little time spent volunteering at any one of our military hospitals might change their attitude. Like so many, they never give a minutes thought to the true cost of their freedom. Comment By Alan
Friday, July 11, 2008 @ 9:34 AM
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