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Press Release 10-04-2024

EEOC Sues Country Club Retirement and Holland Management Companies for Disability Discrimination

Suit Charges Nursing Facility Operators Fired a Disabled Veteran in Violation of ADA

COLUMBUS, Ohio – Operators of assisted living and skilled nursing facilities Country Club Retirement Center V, LLC, Holland Management, Inc., and Holland Management HZ, LLC, violated federal laws when they discriminated and retaliated against a former nursing aide, a disabled veteran, and engaged in classwide discrimination and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the suit, the companies discriminated and retaliated against a female veteran who worked at the Country Club Retirement facility in Delaware, Ohio, because of her disability – a violation of the Americans with Disabilities Act (ADA). In addition to firing the woman, the companies also required her to sign an agreement shortening the statute of limitations applicable to the ADA as a condition of retaining her employment. The EEOC also alleged that the companies required the employee to disclose information about family genetic history in violation of the Genetic Information Nondiscrimination Act (GINA).

Further, the suit claimed the companies harmed a class of employees by maintaining 100%-healed and restrictive attendance policies, using termination and disciplinary processes which deny or interfere with rights secured by the ADA, and engaged in conduct adversely affecting a class of employees, also in violation of the ADA and the GINA.

The EEOC filed suit in U.S. District Court for the Southern District of Ohio (EEOC v. Country Club Retirement Center V, LLC, Case No. 2:24-cv-03997) after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“Employers must not discriminate against employees with disabilities, retaliate against employees for exercising their rights, or make improper inquiries about employees’ genetic information,” said Debra Lawrence, regional attorney for the agency’s Philadelphia District Office. “The EEOC is committed to enforcing the rights and protections secured by the ADA and GINA.”

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

The EEOC’s Philadelphia District Office has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia, and parts of New Jersey and Ohio. The legal staff of EEOC also prosecutes discrim­ination cases in Washington, D.C., and parts of Virginia.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.