CONCORD, New Hampshire – A federal jury in New Hampshire has ruled in favor of a Manchester man who claimed that he was denied a promotion by the Demoulas Market Basket supermarket chain due to his age. Court records showed that Rodney Martinez, who was hired by the privately owned supermarket in 2012, repeatedly sought a full-time position but was consistently passed over in favor of younger and less-experienced candidates. The jury awarded Martinez a total of $140,000 in damages after finding that the company had willfully violated federal and New Hampshire anti-discrimination laws.
According to Martinez’s lawyer, Chad Hansen, the jury’s verdict was a vindication for his client. Martinez expressed gratitude for the judicial process and the jury’s decision, believing that justice had been served. The awarded damages included $54,749 in back pay and $25,000 in compensatory damages. Appointed by the court, US District Court Judge Andrea K. Johnstone doubled Martinez’s back pay award, resulting in a total of $134,000 owed to him by the company. Martinez will also receive interest on the verdicts.
Hansen also stated that as the prevailing plaintiff, Martinez was entitled to seek reasonable attorney’s fees and costs, which were incurred during the litigation and exceeded $200,000. Martinez initially filed a complaint with the New Hampshire Commission for Human Rights, which investigated and found a trend of not promoting anyone over the age of 46 within the company over a four-year period. Martinez, who was 62 at the time of filing the complaint, provided sufficient evidence to support his claim of age-based differential treatment.
The case was transferred from state Superior Court to US District Court, where the jury ultimately ruled in Martinez’s favor. Court records indicated that during pre-trial negotiations, the company offered Martinez $75,000 to settle the dispute if he agreed to leave the company. However, Martinez’s lawyers countered with a request for a $140,000 payment and a full-time job. As of now, Martinez remains employed by Market Basket and was promoted to a full-time position in the produce department at the Londonderry location in 2022.
Hansen expressed hope that the jury’s decision would prompt the supermarket chain to reassess its promotion practices and implement changes to prevent future instances of discrimination. Martinez’s victory serves as an important reminder of the ongoing fight against age discrimination in the workplace.
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