Ohio Nursing Home Pays $150,000 To Settle Age, Sex, And Retaliation Lawsuit

The U.S. Equal Employment Opportunity Commission recently settled an employment discrimination lawsuit against Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio. The nursing home will be required to pay $150,000 in damages to the former employee and furnish other relief as outlined in the consent decree.

According to the lawsuit, the plaintiff, a physical therapy assistant, was fired in 2020 after he tried to return to work after having been approved for medical leave. At the time, the employee was 59 years old and a few months away from his 60th birthday. The Laurels of Athens fired the plaintiff and claimed there was no work available even though it offered work to other younger and female physical therapy assistants. In addition, the company also refused to rehire the employee after he filed a charge of discrimination against the nursing home.

According to the EEOC, such conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits any form of discrimination in hiring or firing based on age. It is a violation of Title VII of the Civil Rights Act of 1964 to engage in such discriminatory firing practices.

The EEOC filed suit on behalf of the plaintiff after first attempting to reach a pre-litigation settlement through its administrative conciliation process. The two-year consent decree requires the Laurels of Athens to pay the plaintiff $150,000 in back pay and compensatory damages. The company will also be required to provide periodic reporting, monitoring, and live training for management, human resources, and non-supervisory employees to ensure compliance with the ADEA and Title VII.

Age and sex discrimination 

It is a violation of federal law to discriminate against an employee based on either their age or their sex. While the vast majority of lawsuits are filed by women when it comes to sex discrimination, men too can file lawsuits if their employer fires them for being the wrong sex. In this case, females were preferred in the position of physical therapy assistant. The EEOC was able to successfully argue that the nursing home discriminated against the physical therapy assistant by refusing to allow him to return to work after taking authorized medical leave. The plaintiff was replaced by younger, female physical therapy assistants marking the company’s preferred employee type. Ultimately, the company was required to pay the employee $150,000 in damages for unlawfully terminating him.

Talk to an Employment Discrimination Lawyer Today 

Complying with the rules and regulations of Title VII of the Civil Rights Act of 1964 is in the best interests of all employers. Employers who fail to comply with these rules can face lawsuits filed by private counsel or federal agencies. Kohl & Cook Law Firm, LLC represents the interests of companies facing employment discrimination lawsuits. Call our Columbus consumer lawyers today to schedule an appointment, and we can begin representing your interests right away.

Source:

jdsupra.com/legalnews/ohio-nursing-and-rehabilitation-6296880/