Scripps Clinical Medical Group to Pay $6.875 Million

SAN DIEGO – Scripps Clinical Medical Group has settled an age and disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) after it subjected a class of physicians to a mandatory retirement age, regardless of the individuals’ abilities to do the job, the federal agency announced today.

The EEOC investigated the allegations and found reasonable cause to believe that Scripps Clinical Medical Group violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).

Without admitting liability, Scripps Clinical Medical Group has entered into a four-year conciliation agreement with the EEOC. According to the agreement, the company will provide $6,875,000 to a class of individuals impacted by the company’s mandatory retirement age policy. Additionally, Scripps has rescinded its mandatory retirement policy based on age and its Board of Directors will reaffirm this recission. Scripps will inform employees of the recission and clarify that the company does not have any policy in which age is a factor in making employment decisions, including termination, retirement, and terms and conditions of employment.

The medical group has further agreed to review, revise as necessary, and distribute its policies and procedures against discrimination based on age and disability. It will also require Scripps’ division heads, department heads, executive leadership, and members of human resources to attend training on the ADEA and ADA. These provisions will include any acquired or merged medical group or other entity. The EEOC will monitor compliance with this agreement.

“Older workers make crucial contributions to our nation’s workplaces,” said EEOC Chair Charlotte A. Burrows. “With demographics showing that many people are remaining in the workforce longer, it is critical for employers to understand the ADEA’s protections for older workers. For that reason, the Commission has included discrimination against older workers among the priorities identified in its new Strategic Enforcement Plan.”

“We commend Scripps Clinical Medical Group for addressing the concerns in this charge, providing relief for the affected class, and for rescinding its discriminatory policy. A person’s age is not indicative of their overall performance and should not be used to make employment-based decisions,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office.

Jacquelyn Famber, director of the EEOC’s San Diego Office, said, “Using a mandatory retirement age based on assumptions and stereotypes is against the law and the EEOC will continue to pursue such discriminatory policies.”

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination. For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.