The US Equal Employment Opportunity Commission (EEOC) has charged that a Northern Virginia company which operates outpatient surgery centers violated the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) by terminating an employee due to her disability and age. The suit was filed on September 30.
According to the lawsuit, a 52-year-old radiologic technician requested an extension of her medical leave to recover from carpal tunnel surgery. While she was still on approved leave, the company terminated her and replaced her with two younger co-workers, aged 24 and 35.
Such conduct violates the ADEA, which protects employees 40 years of age and older from discrimination on the basis of age, and the ADA, which requires employers to provide reasonable accommodations to employees with disabilities if doing so would not pose an undue hardship.
The EEOC filed suit in US District Court for the Eastern District of Virginia after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The agency seeks back pay, liquidated damages, compensatory and punitive damages for the employee, as well as equitable relief to prevent future discrimination.
Mindy E. Weinstein, director of the EEOC’s Washington Field Office, said, “The EEOC is committed to ensuring that older workers and workers with disabilities are able to access the same benefits and opportunities as their younger colleagues. Employers should be cognizant of their duties under the ADA and the ADEA.”
Compliance Perspective
Issue
Disability discrimination occurs when an employer or other entity covered by Title I of the Americans with Disabilities Act (ADA) treats a qualified employee or applicant unfavorably because of disability. The ADA prohibits discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. Age discrimination involves treating an applicant or employee less favorably due to their age. The Age Discrimination in Employment Act (ADEA) specifically protects individuals who are 40 years 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.
Discussion Points
- Review your policies and procedures on preventing discrimination, including disability and age discrimination. Update 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.*
