EEOC alleges disability discrimination at Erickson Living

A federal agency alleges a Catonsville-based company violated federal law when it fired a director because she believed a subordinate was being subjected to disability-based discrimination, the U.S. Equal Employment Opportunity Commission claimed in a lawsuit

According to the suit, a director at Erickson Living Management, LLC complained to a human resources representative that the company had mistreated a subordinate employee because of a disability. The director also expressed concerns that she would be retaliated against for reporting what she believed was a discriminatory abuse of the company’s performance management system, according to the lawsuit filed last week in U.S. District Court in Baltimore.

Shortly after the director made her report, she and her subordinate were fired by Erickson Living as part of a purported company restructuring, the lawsuit states. However, the EEOC alleges that the restructuring was used as a pretext for a retaliatory motive, the agency said.

Erickson Living denies the allegations but declined to comment further on pending litigation.

“Erickson Living is committed to nondiscrimination in all terms, conditions, privileges and benefits of employment. This is reflected in our policy of non-discrimination with employees and applicants for positions, which also applies to all employment practices,” said Dan Dunne, a spokesman from Erickson Living’s corporate office, in an interview on Monday.

The alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits emp­loyers from retaliating against employees who allege workplace discrimination or file a complaint with the EEOC. The lawsuit was filed after the pre-litigation settlement process was unsuccessful, the agency said.

“The protections against retaliation are vital to our enforcement of civil rights laws,” said Debra M. Lawrence, EEOC regional attorney, in a news release. “Retaliation can deter victims and witnesses from reporting work­place discrimination, which impermissibly interferes with our mission.”

The case is EEOC v. Erickson Living Management, LLC, Civil Action No. 1:19-cv-00585-CCB.