Catonsville, MD-based Erickson Living will pay $151,000 to resolve a federal retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission, the federal agency announced Wednesday.
“We appreciate Erickson Living working with us to resolve this matter amicably,” EEOC Regional Attorney Debra M. Lawrence said.
According to the EEOC’s complaint, which was announced a year ago, the company violated the Americans with Disabilities Act when it fired a director because she opposed perceived disability-based discrimination against an employee who reported to her.
“While we feel we went beyond the legal requirements to respond to the claimant’s concerns, given the significant resources that would be required in litigation, we have agreed to a limited settlement with the EEOC,” Erickson said in a statement to McKnight’s Senior Living. “We are passionate about providing a workplace for all of our employees, including those with a disability, where they feel valued, supported and able to reach their full potential.”
The lawsuit alleged that in December 2016, Erickson’s director of health services, talent development and global programs complained to a human resources representative that the company had mistreated her subordinate because of manifestations of the employee’s disabilities. The director also expressed concerns that she would be retaliated against for reporting what she believed was discriminatory misuse of the company’s performance management system, the EEOC said.
In January 2017, according to the lawsuit, Erickson terminated the employment of the director and her subordinate due to what they were told was a restructuring. The director and her subordinate were the only two employees whose employment was terminated because of the purported restructuring, according to the EECO. The commission charged that the alleged restructuring was a pretext.
The case, Erickson said, “is not reflective of Erickson Living’s commitment to non-discrimination in all terms, conditions, privileges and benefits of employment.”
The two-year consent decree, in addition requiring Erickson to pay $151,000 in lost wages and compensatory damages to the director, prohibits Erickson from retaliation and also requires the company to provide training on the ADA, post an anti-discrimination notice and report to the EEOC on how it handles any future complaints or reports of disability discrimination.
“Our company values demonstrate how treating individuals with respect and dignity is one of our highest callings,” the company said. “Additionally, our employment and standards of conduct policies clearly mirror the company’s highest standards of nondiscrimination, non-harassment and fostering of a work culture that promotes equal opportunity, diversity, inclusion and acceptance of all persons.”
Erickson has been recognized as one of the “Best Places to Work,” the company pointed out. It is the sixth largest operator in the country, according to the ASHA 50 list compiled for 2019 by the American Seniors Housing Association, and the seventh largest senior living provider in the country according to a 2019 list from Argentum.
“It is noteworthy that the employee, who was alleged by the claimant to be disabled, never personally asked for any accommodations and never complained that she was a victim of disability discrimination,” Erickson said.
