A nursing and rehabilitation facility in Athens, Ohio, has agreed to pay $150,000 and provide additional relief to settle an age and sex discrimination case filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on August 20, 2024.
The lawsuit alleges that a physical therapy assistant, who was 59 years old and nearing his 60th birthday, was terminated in 2020 after attempting to return from approved medical leave. The facility claimed there was no work available for him, despite offering positions to younger, female physical therapy assistants. The company also refused to rehire the employee after he filed a discrimination charge.
These actions are alleged to have violated 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. The EEOC filed the lawsuit in the US District Court for the Southern District of Ohio after unsuccessful attempts to resolve the issue through its administrative conciliation process.
Under the two-year settlement decree, the facility must pay $150,000 in back pay and compensatory damages. Additionally, the decree mandates periodic reporting, monitoring, and live training for management, human resources, and non-supervisory employees to ensure compliance with the ADEA and Title VII.
“The EEOC is committed to remedying age and sex discrimination,” said Philadelphia District Office Regional Attorney Debra Lawrence. “Reporting discrimination to the EEOC is protected activity and employers who retaliate against employees for doing so will 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. 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.
Discussion Points
- Review your policies and procedures on preventing discrimination, including age and sex 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.*
