EEOC Sues Montrose Regional Health for Age Discrimination and Retaliation for Second Time

MONTROSE, Colo. - Montrose Memorial Hospital, Inc. doing business as Montrose Regional Health, a regional medical center in the San Juan Valley in southwestern Colorado, violated federal law again when it harassed and discriminated against older employees and retaliated against them when they complained, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

The EEOC previously sued the center in September 2016, before settling the suit via a three-year consent decree for $400,000 in January 2018.

According to the new suit, older nurses in the Same Day Surgery/Post-Anesthesia Care Unit (SDS/PACU) were harassed by two managers, including the chief nursing officer, who said at staff meetings she wanted "younger nurses [to] take over," wanted "more youthful and energetic" staff, and older workers were "lazy" or not willing to work hard. Older nurses were also subjected to heightened scrutiny and supervision. When older workers complained about discrimination, Montrose failed to adequately address their complaints, and fired multiple workers in retaliation for complaining, the suit said.

"Age discrimination continues to be a persistent problem in the workplace, and especially in the nursing industry," said Mary Jo O'Neill, regional attorney for the EEOC's Phoenix District. "Older nurses come with significant expertise and are an essential part of any medical center's workforce, and the EEOC is committed to fighting for the rights of all workers, including vulnerable older workers."

This alleged conduct violated the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act of 1964, which prohibit discrimination and harassment based on age and retaliation for complaining about discrimination. The EEOC filed suit (EEOC v. Montrose Memorial Hospital, Inc. d/b/a Montrose Regional Health, Case No. 1:25-cv-1:25-cv-03065 in U.S. District Court for the District of Colorado after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

EEOC Phoenix District Director Melinda Caraballo said, "Workers have a protected right to complain to their employer when they feel they have been discriminated against, and employers should take these complaints seriously. Retaliation against workers for these kinds of complaints violates federal law."

For more information on age discrimination, please visit https://www.eeoc.gov/age-discrimination. For more information on retaliation, please visit https://www.eeoc.gov/retaliation.

The EEOC's Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming and parts of New Mexico.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.