U.S. Accuses N.J. Store of Harassing, Firing Older Workers

The Equal Employment Opportunity Commission has accused an outlet of retailer TJX Cos. Inc. of harassing and firing workers older than 40 simply because of their age.

A T.J. Maxx store in northern New Jersey subjected older employees to a “hostile work environment” through unfair discipline, verbal harassment and “overt hostility” since August 1995, the federal watchdog agency said.

Officials for TJX, which owns clothing and home-goods stores, including T.J. Maxx and Marshalls, could not be reached for comment Friday. Its headquarters in Framingham, Mass., was closed, and messages left with security personnel and on voice mail were not returned.

The EEOC made the claims in a class-action lawsuit filed in November in U.S. District Court here. The suit focuses on a 57-year-old saleswoman fired from a T.J. Maxx store in West Caldwell, N.J.

TJX is due to file a response to the charges later this month.

The company is a leading off-price apparel retailer. It reported revenue of more than $6.689 billion in 1996.

At the West Caldwell store, the EEOC charged, discrimination against Betty Heyner began in June 1995. A sales associate, she was denied a promotion to become the lead jewelry sales associate and was then fired, the agency said.

Heyner and other older workers were the target of “abusive and hostile comments” about their age by the store manager, Joanne Hein, and other younger managers, the lawsuit said.

Hein, declining to comment Friday, said: “You would have to speak to somebody at the home office.”

The lawsuit gave no indication how many older workers were alleged to have been subject to unlawful treatment.

The EEOC said managers documented the supposedly poor performance of older workers “in an effort to terminate them and replace them with younger, outside job applicants.”

In addition, younger employees did not receive the same discipline for the same conduct, the EEOC said.

The agency is asking U.S. District Judge William H. Walls to bar TJX from such discrimination and institute programs to provide equal opportunities for people 40 and older.

It also seeks back pay, with interest, to Heyner and any others hurt by the company’s behavior, as well as reinstating and promoting her, and others, if they are found to have been unfairly fired or held back.

TJX last year had 577 T.J. Maxx stores, 457 Marshalls stores, 68 Winners Apparel Ltd. stores in Canada, 21 HomeGoods off-price home fashions stores and 20 T.K. Maxx stores in Britain.