Discrimination can take many forms in the workplace. Ty Hyderally is an expert in employment lawwho is dedicated to educating employees and employers of both their rights and responsibilities regarding employment law in the workplace. Some cases are instances where there are subtle but continuous harassment or discriminatory activities; other times cases involve blatant acts of discrimination. Tayeb Hyderally represents clients who have been discriminated against in the workplace in any way. In this age discrimination case, there were behind the scenes activities that the worker was unaware of. However, when these came to light, she was able to receive retribution for the inappropriate actions of the company.
Debra Moreno – A very Efficient Worker
Debra Moreno’s manager seemed to always speak highly of her work ethic and referred to her as a very “thorough and efficient” worker. However, the owner of the company stated that she thought Ms. Moreno sounded “old” on the phone and that she also looked like a “bag of bones.” Carolyn Frutoz-De Harne, owner of the company, allegedly told another manager that Ms. Moreno was not the “type” of worker that she preferred to represent Hawaii Healthcare Professionals, Inc. which is a home health care provider for senior citizens.
Upon completing a thorough investigation, the EEOC filed a law suit in the U.S. District Court for the District of Hawaii and named Ms. Frutoz-De Harne as the defendant. The EEOC did see the conduct as a form of age discrimination. The courts found that this was indeed a case of age discrimination and Debra Moreno was awarded over $190,000. In addition to gaining this monetary award, part of the judgment included that the defendant in the case develop and disseminate procedures which will prevent future cases of age discrimination. The company must provide adequate and appropriate training to all its personnel. This includes training all staff members concerning age discrimination as well as retaliation. Supervisors were also to be trained regarding how to handle these types of complaints. Hawaii Healthcare Professionals were also required to work closely with EEOC coordinators to work through these materials as well as posting notices for current employees about the judgment. The EEOC will continue to monitor the company to ensure that they remain in compliance with the judgment.
Examining the of the Case of Age Discrimination
The regional attorney for the EEOC, Anna Y. Park is in charge of overseeing the litigation for the agency in Hawaii stated that “age should never be a factor when evaluating an employee or job applicant’s worth.” What makes this employment law case so interesting is that the worker’s abilities were completely disregarded and she was terminated solely for her age. The EEOC works to ensure that this type of violation does not occur in the workplace. Employers are responsible to have strong anti-discrimination policies in place and to offer adequate training for personnel to prevent age discrimination from occurring in the workplace. The EEOC is organization which enforces the federal employment laws which prohibit discrimination.