Judge Allows Age Bias Suit Against TD Banknorth

An age discrimination lawsuit filed by a former employee of TD Banknorth can go forward, a federal judge has ruled.

U.S. District Judge William Sessions III ruled that the case filed by Anita Petroziello of Colchester, Vermont should go forward six days after bank attorneys argued the case should be thrown out.

Petroziello, now 65, worked as an assistant vice president at the bank’s Williston branch until she was fired. She claims she was fired because of her age. She was replaced by two younger employees.

Petroziello’s September 2004 firing “occurred under circumstances that give rise to an inference of age discrimination,” Sessions wrote in court documents filed last week in U.S. District Court in Burlington. “She was terminated after eight years of employment at the bank during which her performance evaluations were consistently and increasingly positive, and her job responsibilities were given to younger individuals.”

Banknorth, based in Portland, Maine, argued in court papers that Petroziello was fired because she did not treat customers or co-workers well.

Banknorth attorney Eric Uhl declined to comment on the case.

Petroziello said she was fired because of her age and because she complained about mistreatment as she grew older. She is asking for unspecified damages, interest and legal fees.

If Petroziello and Banknorth can’t reach a settlement the case would go to trial.

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Information from: The Burlington Free Press,
http://www.burlingtonfreepress.com