D-C Radio: 2 Former AEs Sue Cumulus For Age Discrimination

Two former employees of Cumulus Media in Washington, DC have sued the company for age discrimination in violation of the Age Discrimination in Employment Act, claiming that they—as well as two other 40+ year-old staffers—were terminated when WMAL-AM was to be sold in May 2019, while six “substantially younger” employees remained on board when the station subsequently changed formats to ESPN as WSBN-AM.

The plaintiffs, Scott Lebhar and Jeff Shrinsky, are also bringing suit against DC Radio Assets, a wholly owned Cumulus Media subsidiary that managed the station. In court documents obtained by InsideRadio, the suit explains that the two AEs “are over the age of 40 and both were given termination notice at the same time, allegedly the result of downsizing.” Lebhar began in 2016 Shrinsky began in 2015, with “more than 30 years of sports-related advertising sales.”

According to the suit, in February 2019, the company notified Lebhar and Shrinsky and two other Account Executives that WMAL was to be sold in May and that they would be terminated with that sale. “All four of the Account Executives (that) Defendants notified of the upcoming termination, including Lebhar and Shrinsky, were well over the age of 40,” the court papers explain: Lebhar was 60, Shrinsky was 53 and the other AEs were 48 and 62.

While the four were released in May, six other salespeople “retained by Defendants were substantially younger.” In addition, the plaintiffs allege that WMAL told them that if new Account Executive positions became available either before the sale or shortly thereafter, they “would be given priority consideration to be rehired.”

Cumulus never announced a sale of WMAL. But in July, it flipped its AM simulcast of talk WMAL-FM to ESPN Radio and switched the calls to WSBN.

They are each demanding, with a jury trial, economic damages in the amount of $50,000, Compensatory Damages in the Amount of $300,000 and Punitive Damages in the amount of $300,000; as well as fees and costs.