NEW YORK – Maximum Security NYC, Inc., a security company headquartered in Queens, New York, violated federal law when it denied work assignments to and then fired a 57-year-old employee based on his disability and age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC’s lawsuit, after the employee returned to work following a heart attack suffered on the job in December 2019, he was subjected to discriminatory comments by his supervisor that he should retire at his age and in his condition, that Maximum Security did not want him to have another heart attack on the job, and he should retire already. Although the employee initially continued to receive work as a fire life safety director, he was told to stop reporting to work in March 2020, purportedly due to lack of work during the emerging COVID-19 pandemic. At that time and afterwards, Maximum Security NYC, Inc. continued to assign work to younger fire life safety directors with no disabilities. In August 2020, the company asked the employee to resign, citing his age and to avoid the employee having another heart attack on the job. The employee refused and was fired.
Such alleged conduct violates the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), which protect employees from workplace discrimination based on disability and age. The EEOC filed suit in U.S. District Court for the Eastern District of New York (EEOC v....
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