Who's Involved?

Unlike Mobley v. Workday, there's no individual named plaintiff here - a federal agency brought this case on behalf of a group of rejected job applicants whose names have not been made public.

The U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC is the federal agency that enforces workplace anti-discrimination laws, including the Age Discrimination in Employment Act (ADEA). It can investigate discrimination complaints and, if it can't resolve a case through its "conciliation" process (essentially a required settlement attempt before suing), file a lawsuit itself - which is what happened here. The EEOC says it filed this suit "after the parties were unable to reach a pre-litigation settlement through the EEOC's conciliation process." (source: EEOC's own press release announcing the lawsuit)

iTutorGroup, Inc. and its affiliates

The EEOC's lawsuit names three integrated companies operating under the "iTutorGroup" brand: iTutorGroup, Inc., Shanghai Ping'An Intelligent Education Technology Co., Ltd., and Tutor Group Limited. Together they ran an online English-tutoring business, hiring thousands of U.S.-based tutors each year to teach English remotely to students in China. (source: EEOC press release) By the time the case settled in 2023, iTutorGroup had stopped hiring tutors in the United States - the EEOC's settlement announcement notes this directly, though public reporting doesn't say exactly why the company stopped U.S. hiring. (source: EEOC settlement announcement)

In settling, iTutorGroup did not admit to discriminating against anyone. Reporting on the settlement notes the company specifically disputed one of the EEOC's underlying legal premises - that its tutors were "employees" covered by the ADEA at all - arguing instead that they were independent contractors. (source: HR Dive)

The rejected applicants

The EEOC brought this case on behalf of a group - more than 200 people the agency says were automatically rejected because of their age. None of them are named in the public materials we reviewed. The discrimination reportedly came to light because one applicant applied twice with otherwise-identical information but two different birth dates: using her real birth date, she was rejected immediately; using a more recent, younger-appearing birth date, she was offered an interview. (source: HR Dive, reporting on the EEOC's complaint) We haven't found her name, or the names of any of the other affected applicants, in anything publicly available - which is typical, since individuals aren't usually named in an EEOC suit brought on a group's behalf.

The court

The case was filed in the U.S. District Court for the Eastern District of New York and assigned to U.S. District Judge Pamela K. Chen, who entered the final consent decree resolving the case. (source: Civil Rights Litigation Clearinghouse case docket summary)

For what actually happened and when, see the timeline.

Sources (all publicly accessible)

  1. EEOC press release: "EEOC Sues iTutorGroup for Age Discrimination" — the agency's own announcement of the lawsuit, filed May 5, 2022.
  2. EEOC press release: "iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit" — the agency's own announcement of the settlement.
  3. HR Dive — trade-press reporting on the joint settlement filing, including the "two applications, two birth dates" discovery story and iTutorGroup's independent-contractor defense.
  4. Civil Rights Litigation Clearinghouse (University of Michigan Law School) — case docket summary, including the assigned judge and key filing dates.