A New Mexico nursing home, South Valley Care Center, will pay $75,000 to settle allegations that it allowed a supervisor to harass two employees because of their age and later fired them in violation of federal age discrimination laws.
A U.S. District Court judge approved a consent decree resolving the Equal Employment Opportunity Commission (EEOC) case. The EEOC alleged the facility subjected employees to age-based harassment and failed to prevent or address it.
According to the EEOC, former laundry employees Maria Nevarez and Maria Perez had strong performance records. Problems allegedly began in 2014 when Nevarez became pregnant in her 40s. Supervisor Leonarda Valencia reportedly made age-related comments, including criticizing her pregnancy at age 40.
By 2021, such remarks had become frequent, the EEOC said. When Perez was hired at age 56 in 2022, Valencia allegedly told both women that no one would hire “old women” like them.
The lawsuit also included claims of national origin discrimination, alleging Valencia sometimes refused to speak Spanish to bilingual staff and suggested hiring English-only employees.
In May 2022, the employees reported concerns of age and national origin discrimination to human resources and the administrator. The EEOC alleged the facility failed to investigate. Both women were terminated later that summer.
Under the Feb. 24 court order, the Albuquerque facility must hire a consultant within 60 days to review and strengthen its EEOC policies and conduct mandatory training for two years, especially for management and HR staff. The agreement also prohibits the facility and its owners from rehiring Valencia.
In its apology letter, South Valley stated it is reinforcing its commitment to equal employment opportunity and fair, professional workplace practices.
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