Firm sued for asking age of applicant for HR position

The Philadelphia Inquirer reports that Blue Bell communications company, which employs 5,000 technicians nationwide, is being sued because its major investor allegedly a 55-year-old job candidate for the position of human resources director, "How old are you, 78?"

According to the suit, Frank Bruno, of Audubon, Montgomery County, had aced interviews with Unitek's top management, who all but assured him he had the job. He only needed one final interview with Joseph Kestenbaum, Unitek's major investor, the suit says. Kestenbaum is not a defendant in the suit.

At first, when Kestenbaum allegedy posed the question, Bruno tried not to respond, the lawsuit says. When Kestenbaum persisted, Bruno answered.

The interview came to a quick end, and Bruno did not get an offer, the lawsuit says.

Instead, a 36-year-old woman with 11 years in human resources - compared with Bruno's 25 - was hired.

"Typically, companies hire human resources directors to help them comply with workplace laws, so it is particularly ironic that Unitek refused to hire the better-qualified applicant because of his age," Marie M. Tomasso, director of the EEOC's Philadelphia office, said in a statement.

Kestenbaum was unavailable for comment yesterday afternoon.

Bruno's resume included stints at the director, corporate director and vice president levels.

The suit seeks back pay for Bruno dating from April 20, 2006, the day of the interview. The EEOC, which usually tries to mediate a solution before suing, also wants the company to institute policies to prevent discrimination against those over 40. See the Philadelphia Inquirer article for more.