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By Cherrie
Anne E. Villahermosa
Variety News Staff
A MAN has sued Freedom Air
for discrimination, saying that the company refused to hire him because
of his age.
Nicolas Pohl, through attorney Colim M. Thompson, filed the lawsuit in
federal court against Aviation Services Ltd., a Guam corporation doing
business as Freedom Air, and five others identified only as Does
I-V.
Pohl is seeking a jury trial.
His complaint states that prior to the filing of the lawsuit, Pohl filed
charges of discrimination with the Equal Employment Opportunity Commission
alleging violations of the Age Discrimination in Employment Act, or ADEA,
by Freedom Air.
The complaint stated that since Feb. 2006, Freedom Air has engaged in
unlawful practices at its Saipan facility in violation of Section 4 of
the ADEA, 29 USC 623.
These practices, the complaint added, include subjecting Pohl to discrimination
on the basis of his age by depriving him of employment benefits given
to employees and refusing to hire him because of his age.
According to the complaint, the effect of Freedom Airs practices
has been to deprive Pohl of equal employment opportunities and otherwise
adversely affect his status as an employee because of his age.
The complaint stated that the unlawful employment practices were
intentional within the meaning of the ADEA and were done with malice or
with reckless indifference to the federally protected rights of the plaintiff
who was discriminated against on the basis of his age.
Pohl is seeking a permanent injunction enjoining Freedom Air from engaging
in discrimination on the basis of age or any other employment practice
that discriminates in violation of Title VII of the ADEA.
Pohl wants Freedom Air to provide him appropriate back pay with pre-judgment
interest, in amounts to be determined at trial and other affirmative
relief necessary to eradicate the effects of its unlawful employment practice.
Pohl is also seeking compensation for past and future pecuniary
losses resulting from unlawful employment practices including medical
expenses not paid by the employer in amounts to be proven at trial.
He is, moreover, seeking past and future non-pecuniary losses resulting
from (Freedom Airs) unlawful employment practices and for punitive
damages for its malicious and reckless conduct in amounts to be proven
at trial, for attorneys fees, cost of suit and for other relief.
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