EEOC Sanctions Car Dealer for Discrimination Against Older Worker Coming off Medical Leave

Mistreating an employee due to their age and/or medical condition is illegal. A car dealer in Texas learned this lesson after it fired an employee who had worked there for 18 years. To settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), Pete’s Car Smart was required to pay $145,000 to an employee victimized by discrimination and implement measures designed to prevent future problems. 

In the case, the worker who had been employed by Pete’s for almost 18 years underwent heart surgery and took a short medical leave. As she prepared to return to work, the dealership owner pressured her to retire, claiming that her age and health prevented her from fulfilling her job duties. Moreover, he made several disparaging comments about her gray hair, “old-timer’s disease” and the fact that she was old enough to be his mother. 

Based on these unfair stereotypes, the claimant’s employer said that if she did not choose to retire, she would be fired. These actions violated the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). Discrimination based on age and disability are very common, and the EEOC required Pete’s Car Smart to take several steps to prevent a repeat occurrence, such as:

• Creating and distributing new protocols for requesting disability accommodations and reporting discrimination

• Providing annual anti-discrimination training to all employees, including the owner

“We are hopeful the resolution of this case will create ripples of positive change about which other employers in Amarillo will take note, and that the effects will be felt beyond the term of this consent decree,” said EEOC Trial Attorney Brooke López.

Pursing an ADA or ADEA claim can be challenging because many employers are not as blatant about their bias as the owner of Pete’s Car Smart. A business might try to explain a firing, demotion or unwanted change in duties by alleging that the employee is unable to keep up with current technology or that they are physically unable to complete the required tasks. At Kardell Law Group, we are familiar with the defenses that employers use when they try to hide the real reason behind their discriminatory actions. Even if you only suspect that your you are the victim of unlawful bias, it’s worth speaking with one of our attorneys about a potential discrimination case.