BALTIMORE (Legal Newsline) — The U.S. Equal Employment Opportunity Commission (EEOC) announced a lawsuit Nov. 29 against McCready Foundation Inc., a Maryland operator of medical and care facilities, for allegedly failing to promote a worker because of her race and age.
"Federal laws and basic fairness mandate that promotions should be made based on qualifications, not demographic categories," said EEOC regional attorney Debra M. Lawrence. "The EEOC will stand up for workers who are denied equal employment opportunities based on race or age."
According to the EEOC, a 53-year-old African American woman was hired as a geriatric nursing assistant (GNA) at its Alice Byrd Tawes Nursing and Rehabilitation Center in Crisfield, Maryland, in February 2013. One year later, in July 2014, the employee applied for a restorative aide vacancy that paid $4 more per hour.
The employee had previous experience as a restorative aide, held a certification in restorative nursing, and had more than 20 years of experience as a nurse. Yet the company allegedly chose a white employee who was 30 years younger with inferior qualifications.
"McCready disregarded its own promotion policy and failed to promote an employee who had substantially more company and industry experience, as well as a relevant certification, simply because of her race and age,” said Kevin Berry, acting district director of EEOC's Philadelphia District Office. “That's illegal and unjust, and that's why we filed this suit."