Misdirected e-mail leads to age discrimination lawsuit 
by admin
Published: June 27,2008
Time posted: 1:00 am
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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