Georgia Assisted Living Provider Sued for Age and Disability Discrimination

The U.S. Equal Employment Opportunity Commission has filed a lawsuit in federal court against a Georgia assisted living provider after they allegedly fired a 78-year-old employee after she was briefly hospitalized. They are among 9 assisted living community centers in Georgia and California being accused of various forms of employment discrimination. The employee, who had been a receptionist for over 14 years and was recognized as “Employee of the Year” in January of 2022, was replaced by a significantly younger employee, according to the complaint.

The EEOC contends that the company’s general manager reportedly told the fired employee that she no longer had confidence in the woman’s ability to perform her job. The general manager cited her recent hospitalization as a reason for coming to that conclusion. Prior, the general manager had never raised any significant performance concerns over the employee’s work. In other words, everything was fine until the woman had to be hospitalized.

The EEOC filed the lawsuit in the U.S. District Court for the Middle District of Georgia after unsuccessful pre-litigation settlement discussions. The EEOC is accusing the assisted living provider of violating the Age Discrimination in Employment Act and the Americans with Disabilities Act.

Understanding the Age Discrimination in Employment Act (ADEA) 

ADEA prohibits discrimination against employees who are aged 40 or older. The measure was passed because older Americans were being fired, passed up for promotion, and finding it difficult to secure new jobs in an economy that prized youth over experience. Today, it is unlawful for an employer to consider age when hiring an employee, fire an employee based on their age, or pass an employee up for promotion to give the job to a younger candidate with less experience.

In practice, an attorney representing a client who has been discriminated against based on their age would establish their qualifications, tenure, and history of excellence. They would then establish that the reason for their hiring or being passed up for promotion was due specifically to their age.

In the case mentioned above, the employee was 78 years old, recognized as “Employee of the Year,” and there was no established record of employment shortcomings.

The Americans with Disabilities Act 

The assisted living community is also being sued under the Americans with Disabilities Act. According to the lawsuit, the company fired the employee shortly after she had a brief stay in the hospital. Her general manager cited the hospital stay as the reason why he believed she could no longer perform her job. However, the company failed to establish in any reasonable way that the employee’s hospitalization prevented her from doing her job. This is a clear violation of the ADA.

Talk to an Atlanta, GA Age Discrimination Attorney Today 

Do you believe you have been discriminated against at work on the basis of your age or disability? Call the Atlanta employment lawyers at Forsythe Law Firm, LLC today to schedule a free consultation and learn more about how we can help.

Source:

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