A long-term care facility in Albuquerque, New Mexico, is facing a federal lawsuit after allegedly harassing and discriminating against older employees—and retaliating when they raised complaints, the US Equal Employment Opportunity Commission (EEOC) announced on June 23, 2025.
According to the EEOC, older employees in the laundry department experienced harassment from their supervisor, who reportedly made comments such as, “You are too old now; you cannot get another job,” and criticized an employee for “[g]etting pregnant at 40 years old.” The older employees also received less favorable treatment compared to younger employees, including fewer breaks and less desirable work schedules.
When older employees complained about age and national origin discrimination, the nursing home allegedly failed to properly address the complaints and retaliated by firing at least two of them.
This alleged conduct violated the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964, which prohibit discrimination and harassment based on age and retaliation for complaining about discrimination. The agency filed suit in US District Court for the District of New Mexico after unsuccessfully attempting to resolve the matter through its administrative conciliation process.
“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.”
Compliance Perspective
Issue
Age discrimination involves treating an applicant or employee less favorably because of their age. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals age 40 or older. Discrimination can occur even when both the victim and the discriminator are over 40. The law covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other terms or conditions of employment. Harassment based on age is also unlawful. This includes offensive or derogatory remarks about a person’s age. While simple teasing, offhand comments, or isolated incidents that are not severe do not usually violate the law, harassment becomes illegal when it is frequent or severe enough to create a hostile work environment or results in an adverse employment action such as termination or demotion. Additionally, equal employment opportunity laws protect employees and applicants from retaliation for asserting their rights to be free from discrimination and harassment. Participation in complaint processes is fully protected from retaliation.
Discussion Points
- Review your policies and procedures to ensure they clearly prohibit age discrimination and harassment, and that they outline the process for reporting and investigating complaints.
- Train all staff on what constitutes discrimination and their responsibility to promptly report concerns to a supervisor, the compliance and ethics officer, or through the facility’s hotline. Provide supervisors and the compliance and ethics officer with specific training on handling discrimination reports, emphasizing the importance of preventing retaliation.
- Conduct periodic audits, such as anonymous staff surveys, to assess whether employees experience or witness discrimination and whether they feel safe reporting it without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*