A nonprofit organization has reached a settlement in a federal lawsuit that raised serious concerns about the treatment of an older employee who was on medical leave. The case involved a 52-year-old radiologic technician who, after undergoing carpal tunnel surgery, requested an extension of her leave to continue her recovery. Unfortunately, instead of supporting her during this challenging time, Northern Virginia Surgery Center, LLC (NVSC) terminated her employment and replaced her with two younger employees, aged 24 and 35.
This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.
This situation highlights a painful reality faced by many in the workforce — that discrimination based on age can occur even in the face of legitimate medical needs. The Age Discrimination in Employment Act (ADEA) is in place to protect individuals aged 40 and older from such unfair treatment, while the Americans with Disabilities Act (ADA) mandates that employers accommodate employees with disabilities whenever possible.
The lawsuit (EEOC v. Northern Virginia Surgery Center, LLC, Case No. 1:24-cv-1721) in the U.S. District Court for the Eastern District of Virginia. This step was taken after unsuccessful attempts to settle the matter amicably before litigation.
In a commendable move towards healing and accountability, NVSC has agreed to a settlement of $50,000 and committed to implementing significant changes to better address discrimination claims in the future. Beyond the financial compensation for the employee affected, a two-year consent decree will require the company to revise its policies under the ADEA and ADA, provide essential training to management, educate employees about these important laws, and ensure that any complaints related to age or disability discrimination are reported to the EEOC.
Attorney Debra M. Lawrence expressed hope and relief following the resolution, stating, “This agreement will provide much-needed relief to the injured party and ensure that NVSC’s employees will have access to reasonable accommodations, such as medical leave, in the future.”
Mindy Weinstein, director of the EEOC’s Washington Field Office, underscored the importance of this case, noting, “This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.”
It is important to note that age discrimination is a complex issue that may require legal intervention. If you or someone you know has been a victim of age discrimination, consider seeking legal advice from an experienced employment lawyer of Helmer Friedman LLP Age Discrimination Lawyers in Los Angeles. Together, we can help ensure that no one loses their job due to age.