The U.S. Equal Employment Opportunity Commission filed a federal lawsuit against South Valley Care Center, LLC last week, alleging the Albuquerque nursing facility discriminated against older workers and retaliated when employees complained.
The lawsuit claims supervisors at the long-term care facility harassed older employees in the laundry department with age-based comments and provided them with fewer workplace benefits than younger staff members.
Harassment allegations detailed
According to court documents, a supervisor made remarks to older workers including “You are too old now, you cannot get another job” and “You should be ashamed of yourself” for getting pregnant at age 40.
The EEOC alleges older employees received unequal treatment compared to younger workers, including fewer breaks and less favorable work schedules.
When older workers filed complaints about age and national origin discrimination, the facility failed to properly investigate their concerns and fired at least two employees in retaliation, according to the lawsuit.
Federal violations cited
The alleged conduct violates the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, which protect workers from discrimination based on age and prohibit retaliation against those who report workplace discrimination.
The EEOC filed the case in U.S. District Court for the District of New Mexico after attempts to reach a settlement through administrative proceedings failed.
“Age discrimination continues to be a persistent problem in the workplace,” said Mary Jo O’Neill, regional attorney for the EEOC. “Older workers are an essential part of the workforce, and the EEOC is committed to fighting for the rights of all workers, including vulnerable older workers.”
Retaliation concerns highlighted
EEOC District Director Melinda Caraballo emphasized workers’ legal protections when reporting discrimination.
“Workers have a protected right to complain to their employer when they feel they have been discriminated against,” Caraballo said. “Retaliation against workers for these kinds of complaints violates the law.”
The EEOC’s Phoenix District Office, which filed the lawsuit, oversees employment discrimination cases in Arizona, Colorado, Utah, Wyoming and parts of New Mexico.
