Car salesman Gary Barbera was accused of being ageist. ‘Boy, I guess,’ says jury.
Gary Barbera car dealership will have to pay employee for ageist harassment The Philadelphia Inquirer
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A dealership associated with Gary Barbera ordered to pay former manager $625,000
A federal judge ruled on Tuesday that a dealership connected to renowned car salesman Gary Barbera must pay $625,000 to a former manager who accused Barbera of creating a hostile work environment.
Allegations of Age Discrimination and Harassment
Michael Burgo, the former manager, claimed that Barbera, who recruited him in 2018, subjected him to ageist remarks such as “Young people want it more” and “You can’t teach an old dog new tricks.” Burgo was 65 years old when he was hired, while Barbera was 53.
Burgo also alleged that Barbera yelled, screamed, and even banged on his chest during their interactions in his final months on the job. In June 2020, Burgo claimed that Barbera shouted at him during a team meeting and subsequently fired him for being unable to recall the vacation plans of a direct report.
Legal Arguments and Witness Testimonies
Lawyers representing Boulevard Autogroup, the dealership in question, argued that Burgo voluntarily quit his job. They contended that he walked out of the meeting after receiving valid criticism for his failure to utilize available administrative resources effectively.
During the trial, multiple witnesses testified that Burgo left his position voluntarily. Brian Farrell, Burgo’s lawyer, stated that the jury did not find that Burgo was fired due to his age but concluded that the work environment was hostile.
Jury Decision and Response
“We are pleased with the jury’s decision and happy for our client,” said Farrell, who represented Burgo alongside co-counsel Bill Rieser.
Boulevard Autogroup’s lawyer, Alan B. Epstein, expressed surprise at the jury’s verdict and announced plans to file post-trial motions. Epstein believed the claims made by Burgo were frivolous.
Barbera’s Involvement and Previous Legal Issues
Gary Barbera, although not an owner of Boulevard Autogroup, was considered the “marketing ‘face’ of the dealership” and played a role in staff recruitment. The majority ownership of Boulevard was held by Barbera’s brother, Eugene Barbera, since 2018.
It is worth noting that Gary Barbera had previously faced federal charges related to filing false tax returns and was sentenced to three years’ probation in 2010. Burgo’s lawyers were allowed to use this information during the employment trial to challenge Barbera’s credibility as a witness.
SDGs, Targets, and Indicators Analysis
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 8: Decent Work and Economic Growth
- SDG 10: Reduced Inequalities
The issues highlighted in the article relate to workplace harassment, age discrimination, and a hostile work environment, which are connected to SDG 8 and SDG 10.
2. What specific targets under those SDGs can be identified based on the article’s content?
- SDG 8.5: By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.
- SDG 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices and promoting appropriate legislation, policies, and action in this regard.
The specific targets identified based on the article’s content are SDG 8.5 and SDG 10.3.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- Indicator for SDG 8.5: Proportion of youth (aged 15-24 years) not in education, employment, or training.
- Indicator for SDG 10.3: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law.
The article does not explicitly mention any indicators, but based on the issues discussed, these indicators can be used to measure progress towards the identified targets.
SDGs, Targets, and Indicators Table
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 8: Decent Work and Economic Growth | SDG 8.5: By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value. | Proportion of youth (aged 15-24 years) not in education, employment, or training. |
| SDG 10: Reduced Inequalities | SDG 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices and promoting appropriate legislation, policies, and action in this regard. | Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law. |
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Source: inquirer.com
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