A regional medical center in Colorado’s San Juan Valley violated federal law for a second time by harassing and discriminating against older employees and retaliating against them when they raised concerns, the US Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed on September 30, 2025.
The EEOC previously sued the medical center in September 2016, settling the case in January 2018 through a three-year consent decree that included a $400,000 monetary settlement.
In the new lawsuit, the EEOC claims that older nurses in the Same Day Surgery/Post-Anesthesia Care Unit (SDS/PACU) were subjected to harassment by two managers, including the chief nursing officer. The managers allegedly made comments during staff meetings expressing a desire for “younger nurses [to] take over,” describing older staff as “lazy” or lacking energy. The EEOC further alleges that older nurses were placed under increased scrutiny, and those who complained faced retaliation, including termination.
Such conduct, if proven, would violate the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964, which prohibit age-based discrimination, harassment, and retaliation. The EEOC filed suit in US District Court for the District of Colorado after attempting to resolve the matter through its administrative conciliation process.
“Age discrimination continues to be a persistent problem in the workplace, and especially in the nursing industry,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District. “Older nurses come with significant expertise and are an essential part of any medical center’s 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 ADEA prohibits discrimination against individuals aged 40 or older. Discrimination can occur even when both the victim and the person engaging in discrimination are over 40. The law applies to all aspects of employment, including hiring, firing, compensation, job assignments, promotions, layoffs, training, and benefits. Harassment based on age is also unlawful when it becomes severe or pervasive enough to create a hostile work environment or results in adverse employment action, such as termination or demotion. In addition, equal employment opportunity laws protect employees and applicants from retaliation when they assert their rights or participate in complaint processes.
Discussion Points
- Review your policies and procedures to ensure they clearly prohibit age discrimination and harassment and outline appropriate reporting and investigation processes. Organizations may find value in working with external consultants to assess policy language, identify gaps, and align with current best practices in preventing and addressing workplace discrimination.
- Train all staff on what constitutes age discrimination, how to recognize subtle or overt harassment, and the importance of promptly reporting concerns. Med-Net Academy offers the course Age Discrimination, which reviews a case study involving violations of both Title VII and the ADEA. The course outlines consequences of non-compliance and provides best practices for improvement.
- Conduct periodic audits to evaluate whether employees experience or witness age-based discrimination and whether they feel comfortable reporting concerns. Tools such as anonymous staff surveys and culture assessments can be paired with targeted reviews facilitated by a consultant, helping facilities identify issues early and reinforce a safe, compliant workplace culture.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*