An Ohio nursing home violated federal civil rights laws by discriminating against a physical therapy assistant because of his age and sex and then retaliating against him for complaining about discrimination, the US Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit it announced on October 4, 2023.
According to the EEOC’s lawsuit, when the former physical therapy assistant was fired in 2020, he was 59 years old and a few months away from his 60th birthday. The suit claimed that when the employee tried to return from approved medical leave, the nursing home fired him and claimed there was no work available, even though there was physical therapy assistant work available that was offered to others. The company also refused to rehire the employee after he filed a charge of discrimination, according to the lawsuit.
Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits age discrimination, and Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination. Both statutes prohibit employers from engaging in unlawful retaliation. The EEOC filed suit in the US District Court for the Southern District of Ohio, after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
“The EEOC is committed to remedying discrimination because of sex and age,” said Philadelphia District Office Regional Attorney Debra Lawrence. “Furthermore, employers who retaliate against workers who complain about discrimination must be held accountable.”
Compliance Perspective
Issue
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The ADEA forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment. Participating in a complaint process is protected from retaliation under all circumstances.
Discussion Points
- Review your policies and procedures on preventing discrimination, including age and sex discrimination. Also review policies and procedures on nonretaliation. Update your policies as needed.
- Train staff on what is considered discrimination and their role in promptly reporting all types of discrimination to a supervisor, the compliance and ethics officer, or through the facility’s hotline. Train supervisors and the compliance and ethics officer on their role when discrimination has been reported to them by an employee. Stress the importance of nonretaliation. Document that these trainings occurred and file the signed documents in each employee’s education file.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination, or are aware of someone who is, and ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
