The Equal Employment Opportunity Commission recently announced that a septuagenarian receptionist would be awarded $78,000 in a settlement over alleged age discrimination and disability discrimination. The woman was allegedly fired from her job after a brief hospitalization, despite no previous complaints about her job performance before or afterwards. This suit is a sign of how employers can harm older employees with their employment decisions, even against employees who are effective in their roles.
What Happened in This Case?
The employee in question was a 78-year old receptionist working at a senior living facility, where she had worked with minimal complaints for decades, even winning an “employee of the year” award in January 2022. The following month, however, she was briefly hospitalized, at which point her employer started encouraging her to retire. Eventually, she was fired, despite still being able and willing to work.
What Laws Did the Employer Allegedly Violate?
The EEOC alleged that the employer violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), which outlaw age discrimination and disability discrimination in the workplace, respectively. First, the lawsuit said that she was unlawfully terminated due to her age, despite having a clean disciplinary record. Second, the fact that her termination came after being hospitalized indicated the employer discriminated against her based on her medical history, despite still being able and willing to work.
What Does the Settlement Say?
In the announced settlement, the EEOC said the employer agreed to pay the employee $78,000 to dismiss the age discrimination and disability discrimination charges. In addition, the employer will be under a two-year consent decree, which will require the company to revise its policies and improve employee training to be more compliant with the ADEA and ADA. Finally, they agreed to report any further allegations of age discrimination or disability discrimination to the EEOC directly.
Why Does This Matter?
This is an important example of why it is important to hold employers accountable whenever they engage in age discrimination or other similar violations. It is also why, if something like this happens to you, you should speak to a lawyer with experience handling employment law issues. They can help you explore all your legal options and ensure you get the justice you deserve.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
