EEOC: Managers Fired 2 Older Workers Who Refused to Retire

Heads up, HR: Two EEOC lawsuits – and the expensive settlements they produced – show that some managers need a refresher training course in age and disability discrimination.

Here’s what went wrong at companies in Georgia and New York.

Worker’s EEOC complaint: ‘I was fired after brief hospitalization’

The case in Georgia involves a 78-year-old who worked as a receptionist at the Covenant Woods retirement community.

In January 2022, the long-time employee was recognized as one of the employees of the year.

But the following month, she was fired. Then she filed a complaint with the EEOC.

According to the agency’s lawsuit, the receptionist was let go shortly after a brief hospitalization.

When she returned to work, the suit claimed, her manager asked her how long she planned to continue to work, whether she needed to work, and whether she would prefer to spend her time traveling and seeing family.

Despite the receptionist’s reassurances that she wanted to continue working, the manager allegedly told her that the company had lost confidence in her ability to continue working, pointing to her recent hospitalization.

The receptionist was fired and replaced by a substantially younger worker, the lawsuit asserted.

In the EEOC’s view, the alleged conduct amounted to violations of the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), which prohibit age and disability discrimination in the workplace.

“Employers have a responsibility to evaluate an employee’s performance without regard to age, if the employee is 40 and over, and without regard to an actual or perceived disability,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “The EEOC is pleased that through this early resolution, the former receptionist will be compensated, and that Covenant Woods has agreed to take steps to ensure that it meets its obligations under the ADEA and the ADA going forward.”

Darrell Graham, district director of the Atlanta office, said, “Employees have a right to a fair evaluation of their performance, irrespective of their age or medical impairment. The EEOC remains committed to enforcing that right.”

To resolve the lawsuit, the company agreed to pay $78,000 to the receptionist and provide the following nonmonetary relief:

• Revise its ADEA and ADA policies
• Post a notice in the workplace informing employees of the settlement
• Provide training to all employees and supervisors on their rights and responsibilities under both the ADEA and the ADA, and
• Submit periodic reports regarding any future complaints of age or disability discrimination including a description of each employee’s allegations and the company’s response.

Lawsuit: Employee was fired after heart attack

A similar case from New York involves Maximum Security NYC, Inc., a security company headquartered in Queens, and a 57-year-old employee.

As part of his job duties, the employee was assigned to provide security at several client hotels, where he was responsible for assisting with evacuations and acting as a liaison to the local fire department during an emergency.

In December 2020, the employee suffered a heart attack. When he returned to work, he was fired. Then he filed a complaint with the EEOC.

According to the EEOC’s lawsuit, the manager repeatedly told the employee that he should retire already given his age and heart attack, and then explicitly fired him for the same reasons.

In the EEOC’s view, the alleged conduct violated the ADA and the ADEA, which prohibit discrimination based on an employee’s disability and age, respectively.

“Age and disability discrimination are unjust and unlawful,” said Daniel Seltzer, a trial attorney in the EEOC’s New York District Office. “An employer cannot rely on stereotypes or fears to deny employees the opportunity to work.”

Yaw Gyebi Jr., director of the EEOC’s New York District Office, said, “The EEOC remains steadfastly committed to enforcing the ADA in all aspects of employment; that includes employees who may have had cardiac problems but are still able to perform the essential functions of their job.”

To settle the dispute, the company agreed to pay $22,500 to the employee for emotional distress damages. Under a two-year consent decree, it also had to:

• Implement a new anti-discrimination policy covering age, disability, and other forms of discrimination
• Provide extensive and continuing anti-discrimination training for managers and employees
• Prevent discrimination based on age or disability
• Properly store employees’ medical records, and
• Submit to EEOC monitoring.

Lessons for HR

As these two cases show, failing to provide anti-discrimination training to managers can be an expensive mistake.

Such training should cover:

• Employees’ rights and employers’ obligations under the ADEA and the ADA.
• Recognizing and avoiding biases and stereotypes related to age and disability.
• Reminders to avoid making assumptions about an employee’s ability to work based on their age or recent health issues.
• The importance of properly handling medical issues, including maintaining the confidentiality of workers’ medical info, and
• Best practices to handle accommodation requests, including notifying HR and engaging in the interactive process with employees seeking accommodation.

Info: Covenant Woods to Pay $78,000 in EEOC Discrimination Lawsuit, 4/30/24, and Maximum Security to Pay $22,500 to Settle EEOC Age and Disability Discrimination Lawsuit, 5/13/24.