You might figure that a retirement community would be vigilant about respecting the legal rights of older employees, particularly those who have been recognized for their outstanding work. Unfortunately, a recent Georgia case brought by the U.S. Equal Employment Opportunity Commission (EEOC) shows that even a company dedicated to creating a healthy environment for seniors is capable of age discrimination.
The EEOC announced a settlement in its lawsuit against Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC, following allegations of age and disability discrimination at the Covenant Woods retirement community in Columbus. The lawsuit stemmed from the termination of a 78-year-old receptionist who had been named as one of the location’s employees of the year just a month prior. As part of the settlement, the employee received $78.000.
In a release, the EEOC stated that the termination occurred shortly after the receptionist had returned to work after being hospitalized. When she got back, the claimant’s general manager questioned her about retirement plans and suggested she might prefer spending time with family rather than working. When the claimant said that she was willing and able to stay on the job as a receptionist, the general manager said that her medical problem had led to concerns about her performance. A day later, she was fired and replaced by younger workers.
Based the claimant’s account, the EEOC alleged that Covenant Woods violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), which prohibit discrimination based on age and disability respectively. The ADEA bars age-related adverse employment actions against individuals 40 and older. Under the ADA, employers are required to make reasonable accommodations for workers who might have some form of medical impairment but are still capable of handling their job duties.
Along with the payment, Covenant Woods agreed to provide anti-discrimination training to its employees, post notice of the settlement and revise its internal policies concerning ADEA and ADA compliance. The retirement community will also have to notify the EEOC if other employees complain about bias relating to age or disability status.
If you’ve been the victim of discrimination due to your age, a disability or some other legally protected personal characteristic, The Reddy Law Firm, P.C. can help. Our Alpharetta firm handles employment law matters for clients throughout Georgia. Please call 678-629-3246 or contact us online for a consultation.
