Shirley Noble, a 78-year-old receptionist, was terminated from her job at Covenant Woods Senior Living in Columbus, Georgia, shortly after being honored as the 2021 employee of the year. The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on her behalf alleging age and disability discrimination. Noble had worked for Covenant for 14 years and returned to her job after a hospitalization only to find a new, younger employee at her desk. At a meeting the following day, Noble was questioned about her ability to continue working and was ultimately let go due to a loss of confidence in her abilities, with her hospitalization cited as a concern.

The EEOC argued that employers have a responsibility to evaluate an employee’s performance without regard to age, if the employee is 40 and over, and without regard to any actual or perceived disability. Covenant Woods is owned by BrightSpace Senior Living, a company based in Chattanooga, Tennessee, that operates retirement communities in four states. BrightSpace’s Chief Financial Officer, Brian Hendricks, stated that the case was settled due to the cost of litigation and that the company does not admit to any wrongdoing or discriminatory conduct in the resolution. Covenant Woods and BrightSpace Senior Living remain committed to compliance with all discrimination and labor and employment laws.

The settlement requires Covenant Woods to pay $78,000 to Noble to resolve the discrimination lawsuit. The case highlights the issue of ageism in the workplace, particularly for older women who may face discrimination based on their age or perceived disabilities. The EEOC’s regional attorney, Marcus Keegan, emphasized the importance of evaluating an employee’s performance based on merit rather than age or disability. The resolution of the case demonstrates the EEOC’s commitment to enforcing laws that protect workers from discrimination based on age or disability.

Covenant Woods and BrightSpace Senior Living maintain their commitment to compliance with discrimination and labor laws despite settling the lawsuit. The case serves as a reminder to employers to evaluate employees based on their performance rather than age or disability and to ensure a fair and inclusive workplace for all employees. The $78,000 settlement reflects the financial consequences of failing to comply with anti-discrimination laws and the importance of addressing age and disability discrimination in the workplace. By resolving the case through a settlement, Covenant Woods and BrightSpace Senior Living avoid the costs and uncertainties associated with litigation while still acknowledging the need to address discrimination issues.

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