‘What are you, about sixty?’ Longtime store worker wasn’t promoted due to age, suit says
A man regularly worked more than 45 hours a week as a part-time supermarket employee, but his manager refused to promote him to full-time status because of his age, according to a federal lawsuit.
Now, a federal jury has sided with Rodney Martinez and awarded him more than $134,000 after he sued Market Basket, a grocery store chain based in New England, for age discrimination, court records show.
Martinez was 62 when several age-related comments were made toward him as he sought a promotion at Market Basket in Manchester, New Hampshire, in 2019, his lawsuit filed in 2022 says.
“What are you, about sixty?,” Martinez’s manager is accused of asking him in July 2019.
Martinez, who worked as a Market Basket produce associate since March 2012, was “taken aback” by this question, according to the complaint, which says he repeatedly asked the manager about a promotion that year.
Then, his manager “stunned” him with another question, the complaint says.
He informed Martinez that Market Basket’s store director and supervisor had asked: “Would (Martinez) agree to step down to part-time status again when he gets too old?,” the complaint states.
Months later, a 22-year-old employee was promoted from part-time to full-time — but Martinez never was, the complaint says.
In 2019, 16 employees — 13 who were younger than 37 and three who were older than 40 — were promoted from part-time to full-time at the Market Basket store in Manchester, a New Hampshire Commission for Human Rights investigation found.
The store has “promoted younger employees into full-time positions and passed over older employees,” the lawsuit says.
The comments Martinez’s manager made to him before he wouldn’t promote him “are evidence of ageist animus, motive, and direct evidence of age discrimination,” the complaint says.
Eventually, different managers promoted Martinez to full-time at another store in the summer of 2022, according to the suit.
Before the promotion, he missed out on the benefits a full-time position provides — including higher pay and bonuses, paid vacation and sick leave, and dental insurance, the complaint says.
The outcome of the case
Following a trial, the jury awarded Martinez $134,749 in back pay and compensatory damages, a judgment filed April 1 shows.
Market Basket is responsible for paying the full amount to Martinez — as well as interest, his attorney, Chad T. Hansen, told McClatchy News on April 4. Martinez is entitled to pre-judgment and post-judgment interest, the judgment shows.
The company also must pay Martinez’s “attorney fees and costs which will total over $200,000,” Hansen said.
“We respect the judicial process but are surprised and disappointed by the decision,” Market Basket said in a statement to McClatchy News on April 4.
“Throughout the trial, there were clear and compelling reasons provided regarding why Mr. Martinez was not promoted sooner,” the statement said.
“We are currently evaluating whether to take an appeal of the decision,” the statement added.
Martinez’s lawsuit argued Market Basket violated the Age Discrimination in Employment Act of 1967 and the New Hampshire Law Against Discrimination, the complaint shows.
“I am very thankful for the judicial process and thankful that the jury was able to figure it out and rule in my favor,” Martinez told McClatchy News in a statement.
Before his eventual promotion in 2022, Martinez had filed a discrimination complaint in January 2020, according to his lawsuit.
In August 2022, the New Hampshire Commission on Human Rights “found probable cause for discrimination,” the complaint says.
The case made its way to New Hampshire Superior Court and rose to federal court, according to the complaint.
In October 2022, the U.S. Equal Employment Opportunity Commission issued a letter saying Martinez had a right to sue Market Basket, the complaint shows.
Hansen told McClatchy News that over the course of the case, he learned Market Basket lacks an HR department and doesn’t notify current employees about open job positions.
The company also “doesn’t permit current employees to apply for open positions,” he said.
“Instead, managers discuss potential candidates and then reach out to a single current employee that they choose,” Hansen added.
“We are hopeful that the jury’s verdict will prompt Market Basket to reevaluate its approach to promotions and make changes to prevent discrimination going forward,” he said.
Martinez still works for Market Basket full-time following his 2022 promotion, Hansen confirmed.
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