A federal civil rights agency recently filed a lawsuit against an Albuquerque-based local nursing facility, alleging that it discriminated against older workers, subjected them to harassment and then retaliated against employees after they raised concerns.
The lawsuit, filed in June by the U.S. Equal Employment Opportunity Commission (EEOC) against South Valley Care Center, claims that supervisors at the long-term care center made derogatory remarks to employees working in the facility’s laundry department about their age and personal lives.
In one instance, a supervisor allegedly told a worker, “You are too old now, you cannot get another job.” In another, a supervisor reportedly criticized a different employee for “getting pregnant at 40 years old,” saying she should be “ashamed” of herself.
South Valley Care Center is a privately owned, small, full-service nursing facility offering a broad range of care. It received the Albuquerque Journal’s Top Workplaces Award in the small businesses category three times, according to the company’s website.
Nevertheless, EEOC alleges that older employees at South Valley Care Center were routinely treated less favorably than their younger counterparts. Older employees were reportedly denied the same number of breaks as younger employees and were passed over for preferred work schedules.
The suit emerged after former employees Maria Nevárez and Maria Perz—who are both in their 50s—reported the business to EEOC and the National Labor Relations Board in 2023. They claimed that preferential treatment was given to staff who were younger and spoke English.
The lawsuit says that employees’ complaints about their treatment were ignored by management. At least two employees were allegedly fired after reporting concerns over age-based and national origin discrimination, according to the EEOC.
The EEOC claims that South Valley Care Center violated both the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964. According to a press release from the agency, the filing follows a failed attempt to reach a voluntary resolution through the EEOC’s administrative conciliation process.
The EEOC is seeking monetary relief for the affected employees, as well as changes to South Valley Care Center’s workplace policies to prevent future discrimination and retaliation.
“Lawsuits like this are important for so many reasons,” says Lucia Moran, trial attorney for EEO. “They help educate people on the vast protections that exist for workers under our federal anti-discrimination statutes, they enforce worker’s rights, and they provide meaningful relief for workers who have suffered discrimination.”
Moran says it’s a major issue. “Age discrimination is a big problem in the workplace,” she says. “Retaliation is also very prevalent. One of the most common complaints we receive at the EEOC is retaliation.”
In its press release, EEOC District Director Melinda Caraballo said that employers are legally prohibited from punishing employees who speak up about discrimination. “Workers have a protected right to complain to their employer when they feel they have been discriminated against,” she said. “Retaliation against workers for these kinds of complaints violates the law.”
The Phoenix District Office of the EEOC, which filed the suit, has jurisdiction in parts of New Mexico. The agency is the lead federal entity tasked with enforcing employment discrimination laws in the private sector in areas like hiring, firing, promotions, wages and harassment.
South Valley Care Center did not respond to a request for comment.
