Ohio Nursing and Rehabilitation Facility Settles Age, Sex, and Retaliation Discrimination Case for $150,000

Background:

The Laurels of Athens, a nursing and rehabilitation facility in Athens, Ohio, owned and operated by Laurel Health Care Company, Athens LTC, Inc., Ciena Healthcare Management, Inc., and Ciena Group, LLC, has agreed to a settlement of $150,000 in response to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that the facility engaged in unlawful age, sex, and retaliation discrimination against one of its employees, a physical therapy assistant.

The Incident:

In 2020, a 59-year-old male physical therapy assistant at The Laurels of Athens was terminated after attempting to return from an approved medical leave. The employee was nearing his 60th birthday at the time of his termination. Despite his willingness and ability to return to work, the facility claimed no positions were available. However, the facility continued to offer work to younger female physical therapy assistants. Furthermore, the company refused to rehire the employee after he filed a charge of discrimination, a move that constituted retaliation under federal law.

Legal Background:

The EEOC brought the case forward, citing violations of both the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. The ADEA prohibits employment discrimination based on age, particularly against employees aged 40 and above. Title VII prohibits employment discrimination based on sex, among other protected characteristics. The EEOC’s lawsuit (Case No. 2:23-cv-03159) was filed in the U.S. District Court for the Southern District of Ohio after attempts to resolve the issue through pre-litigation conciliation failed.

Settlement and Relief:

Under the terms of the two-year consent decree, The Laurels of Athens and its related entities have agreed to pay the former employee $150,000 in back pay and compensatory damages. Additionally, the facility must implement several corrective measures to ensure future compliance with federal anti-discrimination laws. These measures include:

• Periodic reporting to the EEOC on the company’s employment practices.
• Monitoring to ensure adherence to the ADEA and Title VII.
• Live training sessions for management, human resources personnel, and non-supervisory employees, focusing on the rights and responsibilities under the ADEA and Title VII.

Key Takeaways:

1. Federal Compliance: The case underscores the importance of adhering to federal laws prohibiting discrimination based on age and sex in the workplace.

2. Protection Against Retaliation: It also highlights the legal protections afforded to employees who file charges of discrimination, emphasizing that employers' retaliation is unlawful and will be met with legal consequences.

3. Ongoing Monitoring and Training: The settlement ensures that The Laurels of Athens will implement measures to prevent future occurrences of similar discrimination, including mandatory training and monitoring of their employment practices.

Conclusion:

The settlement reached between The Laurels of Athens and the EEOC reminds employers of the significance of maintaining a workplace free from discrimination. It also reinforces the importance of understanding and complying with federal employment laws, particularly those concerning age and sex discrimination and the prohibition against retaliation. Employers must take proactive steps to ensure that all employees, regardless of age or sex, are treated fairly and equitably.