Posts Tagged ‘ageist comments’

EEOC: Older Foreman Shown Door Due to Bias

In the same week that the Equal Employment Opportunity Commission heard testimony on the persistence of bias against older workers, the commission filed suit on behalf of a production foreman who allegedly was pushed out of his age by a new superintendent.

According to the EEOC, Fort-Worth-based Atlas Resource Partners fired Production Foreman William Hutto despite his record of strong performance for the company. Prior to his termination, Hutto had never been disciplined. The EEOC expects to present evidence that Mr. Hutto was a strong and capable worker who was highly regarded by his peers.

The EEOC claims that the production superintendent who terminated Hutto also made ageist comments regarding Hutto’s co-workers, including the repeated remarks about being “too old to do the job.”

“Mr. Hutto had the work experience and the ability to bring Atlas continued success, but top management unlawfully opted for youth over experience without respect to qualifications,” said EEOC Trial Attorney Joel Clark.

EEOC Dallas District Office Regional Attorney Robert A. Canino added, “This is a straightforward case of someone being put in charge who arbitrarily decides to pull the plug on someone else’s job. When that kind of action is based on a worker being in his 50s, rather than on qualifications, productivity or conduct, it not only fails to take advantage of some of a company’s best assets, but violates federal law.”

Atlas Resource Partners is a business that develops, acquires and manages oil and gas properties, with an interest in over 14,000 wells across 12 states, including Texas.

On June 14, the day before the suit was filed, experts told the EEOC that persistent age discrimination and stereotypes about older workers continue to channel older workers out of the workforce, limiting further economic growth. The views were expressed during a  public meeting today entitled “The ADEA @ 50 – More Relevant Than Ever,” held at agency headquarters in Washington, D.C.

The meeting was held to mark the 50th anniversary of the passage of the ADEA in 1967.

For more on what was said at the meeting, click here.

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EEOC: Hospital Forced Out Older Nurses

A hospital in western Colorado could be on the hook for monetary damages if its alleged mistreatment of older nurses turns out to be true.

The Equal Employment Opportunity Commission announced on Friday that has filed sit against Montrose Memorial Hospital, a hospital in Montrose, western Colorado, accusing it of violating the Age Discrimination in Employment Act by firing employees or forcing them to resign because of their age.

According to EEOC’s lawsuit, Katherine Casias worked as a licensed practical nurse and registered nurse for 27 years with the hospital before Montrose fired her, accusing her of performance defici­encies for which younger nurses were treated much more leniently.

This was against the backdrop of hospital managers making ageist comments, including that younger nurses could “dance around the older nurses” and that they preferred younger and “fresher” nurses, the EEOC charged. EEOC seeks relief for Casias and a group of employees, aged 40 and older, who were fired or forced to resign due to their ages.

“Research shows that pervasive stereotypes about older workers still persist – for example, there are widespread stereotypes that older workers are less motivated, flexible, or trusting and that a younger workforce is preferable,” said Phoenix District EEOC Regional Attorney Mary Jo O’Neill.  “These stereotypes are flatly untrue and must be recognized for what they are – prejudice and false assumptions.”