Blog# 2112020EEOC
Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges
Today I am reading about an EEOC lawsuit involving a teaching hospital that followed a “Late Career Practitioner Policy” allegedly discriminating against individuals age 70 or older. Since the practice targeted a specific age group to take medical exams (which were not job related nor specific to business necessity) that it did not require all staff to take, the EEOC said the employer is allegedly in violation of both the ADEA and the ADA.
“The EEOC filed suit in U.S. District Court for the District of Connecticut (EEOC v. Yale New Haven Hospital, Civil Action No. 3:20-cv-00187), after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks compensatory and punitive damages and injunctive relief, which includes the elimination of the policy.”
EEOC bulletin dated 2/11/2020
Notes on Age Discrimination
Employer Coverage – 20 or more employees
Time Limits
- Non Federal employees – 180 days to file a charge (may be extended by state laws)
- Federal employees have 45 days to contact an EEO counselor.
Notes on Disability Discrimination
Employer Coverage – 15 or more employees
Time Limits
- Non Federal employees – 180 days to file a charge (may be extended by state laws)
- Federal employees have 45 days to contact an EEO counselor.
Resources
- Facts About Age Discrimination
- The Age Discrimination in Employment Act
- Age Regulations
- Age – Policy, Guidance and Resource Documents
- Facts About The Americans with Disabilities Act
- Notice of Rights Under the ADA Amendments Act
- Titles I and V of the Americans with Disabilities Act of 1990
- Sections 501 and 505 of the Rehabilitation Act of 1973
- Disability Regulations
- Disability – Policy & Guidance
Heidi Macomber 