Clients of the Law Firm of Lowell J. Kuvin were named in a complaint filed by the Equal Employment Opportunity Commission in an age discrimination lawsuit against restaurant giant Darden, the owner and operator of chain restaurant Season’s 52.
Anthony Scornavacca and Hugo Alfaro, 52 and 49 were denied employment when they applied for server positions at the Season’s 52 location in Coral Gables, Florida. “Scornavacca, who was a server at Joe’s Stone Crab for many seasons, and Alfaro, who has been in the hospitality business for more than two decades, are both highly experienced servers” said their attorney Lowell J. Kuvin, Esq. who filed their EEOC charges of discrimination. “It is beyond reason that Darden’s spokesperson Rich Jeffers said, ‘[w]e are proud of our commitment to diversity’ when both Mr. Scornavacca and Mr. Alfaro, who are both qualified were given cursory employment interviews and then denied employment based upon pre textual reasons.”
After their two year investigation, the EEOC issued a Letter of Determination which stated in part that “[t]he evidence, including statistical data, supports a finding that [Season’s 52] engaged in a pattern or practice of not hiring individuals who are over the age of forty at its Season 52 restaurants throughout the United States.” Mr. Kuvin and the EEOC both tried to conciliate Mr. Scornavacca and Alfaro’s claims, however, Darden refused to work with either party and denied any preferential hiring had occurred.
"It is getting harder and harder for hospitality workers over the age of forty to find employment." said attorney Lowell Kuvin. "Unfortunately, there seems to be a growing trend perpetuated by successful restaurant chains such as Houston's/Hillstone's and Season's 52 that front of the house employees such as server and bartenders over the age of 40 do not fit in."