Employee laid off during the COVID pandemic and later fired
A disability and discrimination lawsuit brought by the EEOC stated that the COVID-19 pandemic had never changed workplace protections for employees. Despite this fact, workplace confusion had resulted in discrimination.
Details of the Disability and Age Discrimination Lawsuit
Maximum Security NYC, Inc. is a security company with headquarters in Queens, NY. The EEOC alleges that the company denied work assignments to a 57-year-old employee and then terminated his job based on disability and age. The employee had come back to work after suffering from a heart attack while working on the job in December 2019. His supervisor told him he should retire and that he didn’t want him suffering from another heart attack at work. Up to March 2020, he received work as a fire lie safety director until the company laid him off. It cited the lack of work due to the pandemic. However, the company continued assigning work to younger fire life safety directors who did not have disabilities. In August, 2020, the company told him they wanted to avoid his having another heart attack on the job and asked him to resign. When he refused, they fired him.
The EEOC’s Lawsuit
After failing to reach a settlement through its conciliation process, the EEOC filed a lawsuit against Maximum Security NYC, Inc. It is seeking a legal remedy that prevents age and disability discrimination. The EEOC claims that despite the fact that COVID-19 disrupted work, the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) never changed their laws’ protections.