Yokum v. St. Johnsbury Trucking Co., Inc.

RULING ON MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

DORSEY, District Judge.

Background

Plaintiffs brought this action against St. Johnsbury Trucking Co., Inc. under the Age Discrimination in Employment Act (ADEA). Two of the eight original plaintiffs have settled and their claims have been dismissed. The remaining six plaintiffs allege a continuing policy of discrimination on the basis of age pursuant to which defendant terminated plaintiffs’ employment and failed to recall them. They further allege that younger workers were hired for positions which plaintiffs are qualified to hold and that…