A Maryland retirement community owner and operator is paying $85,000 to settle a race and retaliation discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC’s lawsuit alleged that Westminster Ingleside King Farm Presbyterian Retirement Communities, Inc. discriminated against a Black manager by refusing to promote her based on her race and then fired her in retaliation for her complaints about race-based discrimination.
According to the lawsuit, the high-performing manager sought a promotion to a vice president or executive-level role but was told she was ineligible because she did not have a bachelor’s degree. However, she claimed the company nonetheless promoted another White manager with the same job title as hers to an executive-level position and employed a White employee without a bachelor’s degree as an executive director.
The Black manager later earned a bachelor’s degree, but claims the company ignored her promotion request upon doing so. She also alleged that she received a false written warning from human resources for “displaying unprofessionalism and disrespectful behavior” toward another employee. She was then terminated after complaining about race discrimination internally and expressing a desire to file a charge with the EEOC.
The EEOC filed suit in the U.S. District Court for the District of Maryland (EEOC v. Westminster Ingleside King Farm Presbyterian Retirement Communities, Inc., No. 8:24-cv-02811), alleging violations of Title VII, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
The retirement community operator subsequently entered into a consent decree to resolve the race and retaliation discrimination lawsuit. The settlement includes $85,000 in monetary relief paid to the complainant, along with other non-monetary relief prohibiting future race discrimination or retaliation and requiring the company to take steps to prevent such unlawful conduct moving forward. This includes implementation of enhanced non-discrimination and non-retaliation policies, notices to employees about their rights, and advanced training for the employer’s human resources and management officials on the company’s policies.
In its press release announcing the settlement, the EEOC noted that retaliation – such as that alleged in the lawsuit against this retirement community owner – is unlawful irrespective of the validity of the employee’s claims. According to the EEOC, “internal complaints can be early warning signs for employers,” and “they should be treated as an opportunity to proactively correct unlawful conduct or improve workplace policies or practices.” What employers should never do is “treat complaints as the problem or take adverse action against the complainant.”
The EEOC further added, “even employers that did not actually discriminate in the first instance still violate the law when they retaliate against an employee for making a good faith complaint.”
According to agency enforcement guidance, employers are prohibited from retaliating against employees for opposing unlawful equal employment opportunity practices. Such opposition may include actions like complaining or threatening to complain about alleged discrimination against the employee or others.
The bottom line is that employers should quickly and thoroughly investigate employee complaints, with help from an external investigator when necessary. ThompsonMcMullan’s Labor and Employment attorneys provide advice and support to clients dealing with workplace disputes, including responding to EEOC charges and defending workplace litigation matters in state and federal courts across Virginia. If your business is facing these issues, contact us for assistance.
