EagleTribune.com, North Andover, MA

New Hampshire

May 14, 2008

Bartender alleges age discrimination against Kingston restaurant

CONCORD — A recently terminated 58-year-old bartender at the Pond View Restaurant in Kingston has filed a federal lawsuit alleging age discrimination.

Linda Harris claims in her lawsuit that her dismissal from the restaurant came after her bar manager said the restaurant "should hire sexier and younger bartenders and waitstaff."

Harris claims two younger women are now working her shifts.

"Both of these employees are attractive, young females, being over 30 years younger than Harris," her lawyer, Terry White, wrote in court papers.

Harris had more than a decade of seniority over the two women, but was not offered any other shifts to work, her lawyer wrote. She had worked at the restaurant since 1994, and claims she received no warnings about her job performance before her termination.

"At no time prior to this date had any of the defendants advised (Harris) of any problems with her performance," White wrote.

One of the owners claimed Harris was terminated because one of the young women who replaced her was a single mother "and needed the money," and the second one was putting herself through college, the lawsuit says.

White wrote Pond View staff also waited two months before filing a workers' compensation form for an injury to Harris' left hand, suffered on the job.

The lawsuit says Harris also filed complaints with the Equal Opportunity Commission and the New Hampshire Commission for Human Rights.

Owners of Pond View were served with paperwork over the weekend. A lawyer for Pond View will have to respond to the lawsuit by June 3.

A recorded message on Pond View's phone says the restaurant is closed and in the process of being sold. The message says owners may have more information about reopening within the next few weeks.

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