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U.S. Equal Employment Opportunity Commission v. PMT Corp.

United States District Court, D. Minnesota

August 27, 2014

U.S. Equal Employment Opportunity Commission, Plaintiff,
v.
PMT Corporation, Defendant

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Nicholas J. Pladson, Esq. and Equal Employment Opportunity Commission, Minneapolis, MN, counsel for plaintiff.

David J. Duddleston, Esq., Anna R. Hickman, Esq. and Jackson Lewis PC, Minneapolis, MN; Brian T. Benkstein, Esq. and Moss & Barnett, PA, Minneapolis, MN, counsel for defendant.

Page 1127

ORDER

David S. Doty, United States District Judge.

This matter is before the court upon the motions to dismiss by defendant PMT Corporation (PMT). Based on a review of the file, record and proceedings herein, and for the following reasons, the court denies the motion to dismiss the complaint and grants the motion to dismiss claims involving Patricia Lebens.

BACKGROUND

This employment dispute arises out of an investigation conducted by plaintiff U.S. Equal Employment Opportunity Commission (EEOC). On October 27, 2010, the EEOC filed a charge of discrimination against PMT. Compl. ¶ 8.

The EEOC alleges that PMT maintained a hiring system that discriminated against female applicants for sales positions in favor of equally-qualified or less-qualified males. Id. ¶ 13(a). PMT president Alfred Iversen was the final decisionmaker for hiring sales representatives. Id. ¶ 13(c). The EEOC alleges that Iversen instructed PMT employees to reject the applications of female applicants for sales positions. Id. ¶ 13(d). Between January 1, 2007, and October 27, 2010, PMT hired at least 70 sales representatives. Id. ¶ 13(e). All new hires were male. Id. ¶ 13(f). In total, three of the 120 sales representatives employed at PMT between 2007 and 2012 were female. Id. ¶ 13(h).

The EEOC also alleges that PMT engaged in age discrimination. Between January 1, 2007, and October 27, 2010, PMT did not hire any sales representatives that were over 40 years of age. Id. ΒΆ 17(b). The EEOC alleges that Iversen directed ...


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