EEOC accuses Empire Blue Cross Blue Shield of Age Discrimination

By Brian Vargo

Published on July 22, 2005

The U.S. Equal Employment Opportunity Commission, in charge of enforcing civil rights in the workplace, filed suit against Empire HealthChoice, the HMO better known as Blue Cross Blue Shield, after receiving a complaint of age discrimination from two employees.

Having worked for the HMO for more than five years, auditors James Frullo, 61 and Thomas Guiffrida, 58 were both denied promotions to senior auditing positions which would have increased their salaries by approximately $5,000 a year. The company decided instead to promote younger employees with less experience.

Blue Cross has denied the allegations against it stating that they treat their employees fairly; a claim they think will come across when the facts are laid out in court.

When the two men complained, Guiffrida was transferred from Jericho to their Bohemia office. Frullo was later fired in February of 2004.

The EEOC filed the complaint under the Age Discrimination in Employment Act, which prohibits discrimination of and retaliation against employees age 40 and over.

The lawsuit, which spans February 2002 to the present, is inclusive of back wages, damages, and promotions for the two men and can potentially cover other employees from the Bohemia and Jericho locations.

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