Equal Employment Opportunity Commission v. Timeless Investments, Inc.

ORDER ON DEFENDANT’S AND PLAINTIFF’S RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT

This is a suit brought under 29 U.S.C. § 621 et seq., the Age Discrimination in Employment Act (“ADEA”), by the Equal Employment Opportunity Commission (“EEOC”) against Defendant Timeless Investments, Inc. (“Timeless”). The EEOC brings this suit on behalf of two charging parties, James Rex (“Rex”) and Larry Carlberg (“Carlberg”), who unsuccessfully applied for employment with Timeless. The EEOC seeks injunctive relief for the public interest and seeks compensatory and liquidated damages for Rex and Carl-berg. Both parties move for summary judgment — Timeless on the claims against it and the EEOC on various affirmative defenses. For the reasons that follow, the motions will be granted in part and denied in part.

BACKGROUND

Timeless operates Klein’s Truck and Auto Plaza, which is located in Fresno, California, and consists of a convenience store and gas station (“EZ Trip”), a fuel desk or plaza (“the Plaza”), a truck repair shop, and a restaurant. See PUF 1.1. In July 2004, Timeless had an opening for cashier positions because at least four cashiers had ended their employment. See PUF 1.2, 11.6,11.7.…