New York Employment Lawyer Blog

Richard Hewett, a 49 year-old from New Hampshire, is suing Donald Trump, the Trump Organization Inc., Trump Productions, producer Mark Burnett, Mark Burnett Productions and three affiliated California companies for age discrimination after the hopeful applicant was not chosen to be a contestant on the NBC's television show The Apprentice. Mr. Hewett claims he was rejected because of his age and he claims in his lawsuit filed last week in U.S. District Court that only two of the finalists over six seasons have been over 40. In response, Donald Trump stated that "[there have been] very few people over a certain age apply to be on the show. If they did and we liked them, we would love to cast them on the show."

MR. Hewett’s age claim is likely based on The Age Discrimination in Employment Act of 1967 (ADEA), as amended, which protects individuals, who are forty (40) years of age, or older, from employment discrimination based on age. Pursuant to the ADEA, employers are prohibited from discriminating against any employee, or applicant for employment, because of his/her age in connection with hiring, termination, promotion, demotion, compensation, job training, job placement, discipline or any other term, condition, or privilege of employment.