Jury Awards Demoulas Super Markets Worker $134k in Age Discrimination Lawsuit

Martinez V. Demoulas Super Markets, Inc.

Case Background

Rodney Martinez filed an age discrimination lawsuit against his employer, Demoulas Super Markets, Inc., claiming a violation of his civil rights. Martinez, a 62-year-old employee, had worked for over seven years as a part-time worker but was passed over for a promotion in favor of a younger, less qualified employee. In essence, Martinez argued he faced discrimination based on his age.

This case was brought under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et al., and the New Hampshire Law Against Discrimination (“NHLAD”), NH RSA 354-A.

The case was filed in the United States District Court, New Hampshire (Concord). US Magistrate Judge Andrea K Johnstone presided over this case. [Case number: 1:22cv478]

Cause

Rodney Martinez worked as a part-time produce worker at Demoulas Super Markets Inc., doing business as Market Basket. He claimed he was qualified for a full-time position but was denied a promotion after refusing to accept a demotion to part-time due to his age. Following this, Martinez continued to request a full-time promotion, but his requests were ignored.

Martinez further alleged that younger workers, some with less experience, received promotions. He also stated that Market Basket faced a significant labor shortage and struggled to fill many full-time positions.

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Rodney Martinez
  • Counsel for Plaintiff(s): Chad Hansen | Martin Tartre , I

• Defendant(s): DeMoulas Super Markets, Inc. doing business as Market Basket |
  • Counsel for Defendant(s): David Betancourt | Dona Feeney

Claims

Count I
Violation of the ADEA – Defendant discriminated against Plaintiff by denying him promotions from June 2019 to June 2022 because of his age. Defendant treated Plaintiff unfairly compared to younger employees, using discriminatory practices. This behavior was intentional and harmful, justifying additional damages.

Count II
Violation of NH RSA 354-A – Defendant denied Plaintiff promotions from June 2019 to June 2022 due to his age, violating the New Hampshire Law Against Discrimination. This conduct was deliberate and reckless, entitling Plaintiff to further compensation.

Defense

Defendant Demoulas Super Markets, Inc. (“DSM”) denied causing any discrimination in violation of state or federal law regarding Plaintiff’s employment. DSM asserted it complied with all relevant laws and internal policies. The company made decisions, including promotions, based on legitimate, nondiscriminatory reasons.

DSM claimed Plaintiff failed to mitigate damages and did not suffer any harm from its actions. The company’s policies, at all times, prohibited age-based discrimination.

Defendant reserved the right to use comparative negligence as a defense and argued that Plaintiff had an adequate legal remedy, negating the need for injunctive relief. Any recoverable damages were limited by applicable federal or state law.

Jury Verdict

The case went to trial, and on March 28, 2024, the jury returned a verdict in favor of Martinez. The jury awarded him $54,749 in back pay, $20,251 in compensatory damages, and $5,000 in enhanced compensatory damages.

On the same day, Judge Andrea K. Johnstone denied Demoulas’ motion for a directed verdict. The judge stated that there was a legally sufficient evidentiary basis to support each of Martinez’s claims at the close of his case.

The following day, Judge Johnstone issued an order awarding liquidated damages equal to the jury’s back pay award. The jury found the violation to be willful under both the ADEA and NHLAD and the ADEA allows for doubling back pay in cases of willful violations.

On April 1, 2024, Judge Johnstone entered a final judgment of $134,749.

Court Documents:

Available upon request