Employers in Florida and throughout the country are generally not allowed to make employment decisions based on a person’s age if that person is 40 or older. According to the Equal Employment Opportunity Commission (EEOC), Yale New Haven Hospital (YNHH) required employees 70 and older to undergo cognitive tests. The EEOC filed a lawsuit against YNHH claiming that the requirement violated several employment laws.
Specifically, the suit claimed that the practice violated the Age Discrimination in Employment Act (ADEA) and Title I of the Civil Rights Act. The lawsuit also says that the company’s actions violate the Americans with Disabilities Act (ADA). This is because the medical examinations are not related to their work or for any other legitimate business purposes. The lawsuit is seeking an end to the policy, and it is also seeking financial compensation for those subjected to the unlawful medical examinations.
The facility is affiliated with the Yale School of Medicine and is its primary teaching hospital. According to a representative from YNHH, the tests were designed to ensure that patients were not being put in danger. He also said that precautions were taken to protect the rights of those who were subject to the testing and that it was based on tests conducted in other industries. Finally, he said that YNHH would show that no discrimination took place.
Obtaining Boca Raton, workplace disability discrimination law firm help may make it easier to receive a favorable outcome in a case. This is because an attorney might be able to create a coherent argument in court based on the facts of the case and state law. In some cases, opposing counsel may be more willing to negotiate in good faith with an attorney as opposed to a worker on his or her own.