The Michigan Department of Health and Human Services, which operates the Kalamazoo Psychiatric Hospital, will pay a total of $115,000 and provide other relief to settle a federal age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, MDHHS violated federal law by declining to hire an applicant because of her age. The then 56-year-old applicant applied to be a clinical social worker and was the unanimous choice of a three-person hiring panel. The panel was overruled by the 31-year-old clinical services director, who selected a much younger and less experienced candidate, citing a preference for younger candidates.
The EEOC also alleged that the clinical services director began to compile a list of alleged performance problems by a then 60-year-old clinical social worker who had performed at a high level since her hire in 1998. When the social worker became the target of heightened scrutiny, derogatory statements and criticism because of her age, she felt she had no choice but to retire early, the EEOC alleged.
Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits covered employers from discriminating against applicants or employees because they are age 40 or older. In addition to the monetary relief, the two-year settlement agreement resolving the suit provides for equitable relief, training on the ADEA, reporting to the EEOC, and posting a notice of employee rights.
