Erickson Living Management, LLC, a Catonsville, Md.-based company which builds and manages retirement communities in 11 states, will pay $151,000 in monetary relief and furnish significant equitable relief to resolve a federal retaliation lawsuit filed by the US Equal Employment Opportunity Commission (EEOC). According to the EEOC’s suit, Erickson Living’s director of health services, talent development and global programs complained to a human resources representative that she believed the company had mistreated a subordinate employee because of manifestations of the employee’s disabilities. She also said she feared she would be retaliated against for reporting what she believed was a discriminatory abuse of the company’s performance management system. Erickson Living terminated the director and her subordinate employee as part of a purported company restructuring, but the EEOC charged that retaliation was the real reason for the director’s termination. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers from retaliating against employees for opposing workplace discrimination or because they filed a charge with the EEOC. In addition to the $151,000 in lost wages and compensatory damages to the director, the two-year consent decree resolving the case enjoins Erickson Living from engaging in retaliation. Erickson Living will provide training on the ADA, post an anti-discrimination notice, and report to the EEOC on how it handles any future complaints or reports of disability discrimination.
