EEOC sues retirement community for firing a 78-year-old receptionist after repeatedly asking her to retire

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Dive Temporary:

• A Georgia retirement group’s firing of a 78-year-old receptionist who had lately been briefly hospitalized is age and incapacity discrimination, the U.S. Equal Employment Alternative Fee alleged. The final supervisor stated it was a “enterprise resolution” based mostly on a lack of confidence within the employee’s capacity to do her job, in accordance with court docket paperwork filed Wednesday within the U.S. District Courtroom for the Center District of Georgia. The retirement group couldn’t instantly be reached for remark. 
• Covenant Woods Senior Residing LLC and BrightSpace Senior Residing allegedly fired the receptionist, who had labored for the corporate for 14 years with out substantial efficiency considerations, after asking her “how lengthy she deliberate to proceed to work, whether or not she wanted to work, and whether or not she wish to spend her time touring and seeing household as an alternative of working,” in accordance with a information launch issued by EEOC. Beforehand, supervisors had repeatedly requested her why she wouldn’t retire, in accordance with court docket paperwork.
• “The suitable to determine a retirement age lies with an worker, not their employer. Furthermore, an employer could not use an precise or perceived incapacity as license to deem an worker unqualified for his or her place. The EEOC is dedicated to imposing the [Age Discrimination in Employment Act (ADEA)] and the [Americans with Disabilities Act (ADA)] to guard the rights of aggrieved staff,” Darrell Graham, district director of EEOC’s Atlanta District Workplace, stated in a press release.

Dive Perception:

The EEOC defines age discrimination as treating an worker unfavorably due to their age. Below the ADEA, employers can not discriminate in hiring, firing, pay, job assignments, promotions, layoffs, coaching or advantages. 

Likewise, the ADA prohibits employers from discriminating in opposition to staff with disabilities on any facet of employment, together with hiring, firing, pay, job duties and coaching. 

“The ADEA prohibits employers from firing somebody who’s at the very least 40 years previous due to their age,” Marcus G. Keegan, regional legal professional for EEOC’s Atlanta District Workplace, stated in a press release. “Moreover, the ADA prohibits employers from terminating an worker due to an precise or perceived incapacity. Covenant Woods violated each statutes when it terminated a high-performing and long-tenured worker on the unfounded assumption that her age and medical situation would stop her from doing her job.”