Yesterday, the EEOC announced a
modest settlement with the Weirton (West Virginia) Medical Center to resolve federal
court litigation asserting claims under the ADA and ADEA. In particular, the EEOC alleged that the
Medical Center failed to promote a long-time employee on the basis of his age and
perceived disability (back injury). The
EEOC alleged that the maintenance director/hiring manager admitted during the
EEOC investigation that he had wanted someone “younger and more energetic.”
The Medical Center voluntarily hired the
Charging Party and paid him all back pay after the litigation commenced and
then settled with the EEOC by agreeing to pay another $12,500. The Medical Center is also subject to a
three-year consent decree which, among other things, requires the Medical
Center to train all hiring managers about their obligations under the ADA and
ADEA and to conduct random audits of at least 25% of all hiring decisions to
ensure compliance with federal laws.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
