Dear Potential Claimant:
As you may be aware, in September 2022, the United States Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit alleging that Eli Lilly and Company and Lilly USA, LLC engaged in a pattern or practice of age discrimination by failing to hire applicants age 40 and over for Sales Representative positions during the time period January 2017 through December 2021 in violation of Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623(a) (“ADEA”). Lilly denies the allegations in the Complaint and denies that it violated the ADEA. The EEOC resolved its age discrimination lawsuit against Eli Lilly and Company and Lilly USA, LLC (collectively, “Lilly”) on October 10, 2023. The Consent Decree approved by the Court establishes a fund to pay a group of claimants consisting of persons age 40 or older who applied for and were denied Primary Care Sales Representative positions in the Lilly Diabetes and Obesity Business Unit f/k/a the Diabetes Business Unit (the “LDO”) from January 1, 2017 through June 30, 2020. You are receiving this notice because you may now be entitled to share in the monetary fund obtained by EEOC.
If you applied for and were denied a Primary Care Sales Representative position in the LDO from January 1, 2017 through June 30, 2020, and were age 40 or older at the time you were denied the position, you must complete a Claimant Questionnaire to secure your status as a claimant and be entitled to a share of the monetary relief. You can complete a Claimant Questionnaire electronically by clicking “Submit Claim Questionnaire” at the top of this page, or by completing and returning via mail the Claimant Questionnaire by JULY 29, 2024.
The Claimant Questionnaire will ask you to confirm that you are eligible for the relief (i.e., applied for and were denied a Primary Care Sales Representative position in the Lilly Diabetes and Obesity Business Unit f/k/a the Diabetes Business Unit from January 1, 2017 through June 30, 2020, and were age 40 or older at the time you were denied the position). Anyone who fails to complete the Claimant Questionnaire by JULY 29, 2024 will not be entitled to any monetary relief.
Later, the claims administrator will notify claimants of the amount of their monetary award (if any). This process will take some time, and you should not expect to receive notification of the determination of a monetary award for approximately three months after the Claimant Questionnaire deadline date. If EEOC determines that you are eligible for a monetary award, the notification letter will include a release of claims and a W-9 that you must sign and return to obtain any monetary relief.
Pursuant to 29 U.S.C. 626(c)(1), the filing of EEOC’s lawsuit terminated the right of individuals to bring a new civil action against Lilly under the ADEA for the failure to hire claims alleged in EEOC’s lawsuit; therefore, you cannot bring your own suit or join a suit regarding these claims.
EEOC appreciates your cooperation during the settlement distribution process.