Senior Living Facility Settles Age Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission recently settled an age discrimination lawsuit against Covenant Woods Senior Living, LLC. Convent Woods operates a retirement community in Columbus, GA. They will pay $78,000 to settle an age and disability discrimination lawsuit filed by the EEOC on behalf of one of their employees.

According to the EEOC, in February 2022, Covenant Woods fired a long-tenured receptionist, despite having recognized her as one of its employees of the year in January 2022. The termination came shortly after the receptionist was hospitalized. The EEOC alleged that once the receptionist returned to work, Covenant Wood’s general manager asked her how long she planned to continue to work, whether she needed to work, and whether she would prefer to spend time traveling and seeing family instead of working.

The receptionist expressed her desire to continue working. However, despite having never raised concerns about the quality of her work before, the general manager told her that Covenant Woods had lost confidence in her ability to perform the duties of her job, citing her recent hospitalization. The receptionist was fired the next day and replaced by substantially younger employees.

The EEOC contended that this was a violation of the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), which prohibit both age and disability discrimination in the workplace.

The settlement

Covenant Woods was required to pay the former employee $75,000 to settle the lawsuit filed against them. In addition, the court approved a two-year consent decree that requires Covenant Woods to revise its Age Discrimination in Employment Act and Americans with Disabilities Act policies. They will also have to post a notice in the workplace informing their other employees about the settlement, train all employees and supervisors concerning their rights and responsibilities under both ADEA and the ADA, and provide the EEOC with periodic reports regarding any future complaints of age or disability discrimination.

Analyzing the lawsuit 

In this case, it didn’t stretch credulity to assume that the defendant company had discriminated against their older employee after she was admitted to the hospital. It certainly hurt their defense that the employee was named an employee of the year the year before her firing. The timing of the firing was also suspicious. It was right after the employee returned from the hospital. It would be unlawful to fire an employee for suffering a medical event. The supervisor also made mention of the employee’s age directly before she was fired suggesting that her time would be better spent traveling and being with family. So, ultimately, the company was forced to pay the former employee for the unlawful firing and revise its own policies when it comes to age and disability.

Talk to an Atlanta, GA Employment Discrimination Attorney Today 

The Forsythe Law Firm, LLC represents the interests of employees who have been fired or otherwise discriminated against in the workplace. Call our Atlanta employment lawyers today to schedule an appointment and learn more about how we can help.