A Michigan hospital will pay a total of $115,000 and provide other relief to settle a federal age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC lawsuit, the hospital violated federal law by declining to hire an applicant because of her age.
The then 56-year-old applicant applied to be a clinical social worker and was the unanimous choice of a three-person hiring panel. The panel was overruled by the 31-year-old clinical services director who selected a much younger and less experienced candidate, citing a preference for younger candidates.
The EEOC also alleged that the clinical services director began to compile a list of alleged performance problems by a then 60-year-old clinical social worker who had performed at a high level since her hire in 1998. When the social worker became the target of heightened scrutiny, derogatory statements, and criticism because of her age, she felt she had no choice but to retire early.
In addition to the monetary relief, the two-year settlement agreement resolving the suit provides for equitable relief, training on the Age Discrimination in Employment Act (ADEA), reporting to the EEOC, and posting a notice of employee rights. The ADEA prohibits covered employers from discriminating against applicants or employees because they are age 40 or older.
Issue:
Workplace discrimination can be defined as treating a person unequally based on his or her race, gender, ethnicity, age, religion, or disability. Title VII of the Civil Rights Act of 1964 mandates that no person employed by or seeking employment with an entity can be discriminated against based these characteristics. While federal law prohibits age discrimination in the workplace, most states have enacted their own laws regarding age discrimination, so be sure to know your own stateās laws which may have additional protections. It is imperative that all staff members are aware of what can be viewed as age discrimination and the steps that should be taken if an employee feels that he or she has been a victim of age discrimination in the workplace.Ā
Discussion Points
- Review your policies and procedures on prevention of age discrimination in the workplace. Update policies as needed.
- Train all staff on prevention of age discrimination and what they should do if they suspect they have been a victim of age discrimination or observe it occurring to others in the workplace. Provide education about your non-discrimination and non-retaliation policies and reporting options, including the anonymous hotline. Document that the trainings occurred and file the signed document in each employeeās education file.
- Periodically conduct audits with staff to ensure that they can define age discrimination in the workplace and are aware of the steps that they should take if they have concern that they or a coworker may be a victim of age or other discrimination. Additional information is available in the Med-Net Corporate Compliance and Ethics Manual Chapter 1, Compliance and Ethics Program.
