Too Old to Demonstrate Video Games

CLAYTON, Mo. (CN) - A sales company that demonstrates Microsoft video game products makes job applicants submit pictures of themselves and won't hire older candidates who do not "reflect the Kinect and Xbox image," a class action claims.

Click here to read Courthouse News' Entertainment Law Digest.

Lead plaintiff Pam Boyer sued Mosaic Sales Solutions US Operating Co., in St. Louis County Court.

Microsoft is not a party to the complaint.

Kinect is a motion-sending device used in Microsoft Xbox games.

Pam Boyer says she was older than 40 when Mosaic hire her as a Microsoft product demonstrator in October 2010.

She claims Mosaic rescinded its offer 3 days later, based on a picture of her she had to submit as part of the application process.

"(B)ased on plaintiff's age, which is apparent from the photograph submitted with her application, Mosaic chastised the territory manager who hired plaintiff and decided that plaintiff could not be hired," the complaint states.

Boyer claims Mosaic has a written, companywide policy that demonstrators must have a "'favorite camp counselor,' youthful ... personality."

She claims Mosaic provides written documents to territory managers stating that young women are "a perfect fit" for demonstrators, and that territory managers should hire "Generation Y" applicants, "which the information defined as individuals born between the late 1970s and early 1990s, because Mosaic told its territory manages that they would be 'hiring a lot of Gen Y,'" the complaint states.

It continues: "In accordance with its written policies, Mosaic trained its territory managers to hire Kinect demonstrators who are 'young' and 'youthful' and not to hire Kinect demonstrators who are over 40 years old."

Boyer seeks punitive damages for the class, for violations of the Missouri Human Rights Act.

She is represented by Mark Potashnick, with Weinhaus & Potashnick, of St. Louis.

Follow @@joeharris_stl

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit