Covenant Woods to Pay $78,000 in Age and Disability Discrimination Settlement

Background:

Covenant Woods Senior Living, LLC, and BrightSpace Senior Living, LLC, operators of the Covenant Woods retirement community in Columbus, Georgia, have agreed to pay $78,000 to resolve an age and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Allegations:

The EEOC's lawsuit stated that in February 2022, Covenant Woods terminated a long-serving receptionist who had recently been named one of its employees of the year. This action occurred shortly after the 78-year-old receptionist returned from a brief hospitalization. Upon her return, the general manager questioned her about her future work plans, her need to work, and whether she would prefer to spend her time traveling and visiting family.

Despite the receptionist's expressed desire to continue working, the general manager cited a loss of confidence in her ability to perform her duties due to her recent hospitalization. The next day, the receptionist was terminated and replaced by significantly younger employees.

This alleged behavior violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), which protect employees from discrimination based on age and disability. The EEOC filed suit (EEOC v. Covenant Woods Senior Living, LLC and BrightSpace Senior Living, LLC, Case No. 4:24-cv-00022-CDL) in the U.S. District Court for the Middle District of Georgia after unsuccessful attempts to reach a settlement through conciliation.

Settlement:

The court-approved two-year consent decree mandates that Covenant Woods provide $78,000 in monetary relief to the former receptionist. Additionally, the company must revise its ADEA and ADA policies, post notices about the settlement in the workplace, and conduct training for all employees and supervisors on their rights and responsibilities under the ADEA and ADA. Covenant Woods also agreed to submit periodic reports to the EEOC regarding any future complaints of age or disability discrimination, detailing each complaint and the company's response.

Conclusion:

This settlement underscores the importance of fair treatment of employees regardless of age or disability. Employers must ensure that their evaluation processes and employment decisions comply with federal laws designed to protect employees from discrimination. Covenant Woods' agreement to provide monetary relief and implement policy changes and training highlights the company's commitment to improving its compliance with the ADEA and ADA.