In a recent case in Georgia, a retirement community faced allegations of age and disability discrimination for dismissing a 78-year-old receptionist, who had been briefly hospitalised, as claimed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the general manager, the decision to terminate the employee was a “business decision” stemming from doubts about her ability to fulfil her job responsibilities. Attempts to contact the retirement community for a response were unsuccessful.
The institutions involved, Covenant Woods Senior Living LLC and BrightSpace Senior Living, are accused of terminating the employment of the receptionist, a loyal employee of 14 years with no significant performance issues, following inquiries into her future work plans and interest in retirement. This situation is highlighted in a press release from the EEOC, which also noted past instances where the employee was questioned about her unwillingness to retire.
Darrell Graham, the district director of the EEOC’s Atlanta District Office, emphasised that the decision regarding when to retire should rest solely with the employee, not the employer. He further stated that an employer cannot use an actual or perceived disability as grounds to consider an employee unfit for their role. The EEOC stands firm in its commitment to uphold the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) to safeguard employee rights.
The EEOC delineates age discrimination as unfavourable treatment of an employee due to their age. Similarly, the ADA ensures that employees with disabilities are not discriminated against in any employment aspect, including recruitment, termination, pay, job duties, and access to training.
Marcus G. Keegan, the regional attorney for the EEOC’s Atlanta District Office, asserted that the ADEA and ADA were breached when Covenant Woods prematurely concluded that the employee’s age and health condition would hinder her job performance. This case underscores the importance of adherence to federal laws designed to prevent discrimination and protect the rights of employees within the workplace.