A 78-year old woman who worked for Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC, as a receptionist was fired after a brief hospital stay. The month before, she had been recognized as one of Covenant Woods’ employees of the year. She returned to work at the retirement facility, prepared to do her job. The general manager asked her if she planned to continue to work or needed to work. He suggested that she might prefer to enjoy her family or travel instead of working. The next day, the receptionist was terminated.
Although there had never been any performance issues, the general manager told her that the company had lost confidence in her ability to do her job. She was replaced with a much younger employee. The EEOC contends that this conduct violates both the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).
EEOC files a lawsuit
The ADEA prohibits discrimination in the workplace based on age, while the ADA prohibits disability discrimination. Employers cannot fire someone over the age of 40 based on their age alone. Additionally, employers cannot fire someone based on a perceived or real disability.
The EEOC alleges that Covenant Woods violated both federal statutes when a high-performing employee with a long tenure was terminated because they believed that she would be unable to do her job due to her age and/or medical condition. The EEOC first attempted to resolve the case in pre-litigation negotiation. When that was unsuccessful, they filed a lawsuit in U.S. District Court for the Middle District of Georgia. The outcome is yet to be determined.
What employers should know
Darrell Graham, district director of the Atlanta office, said, “The right to decide a retirement age lies with an employee, not their employer.” Employers do have the right to discuss retirement plans with employees for the purpose of job succession, but they cannot use that information to push an employee out of their job.
It’s better to let the employee approach you with their retirement plans. This is a good reminder to avoid age discrimination in your workplace. The EEOC offers more information about age discrimination and disability discrimination on its website.
