Civil lawsuit argues discrimination of elderly by county
The operators of an assisted living home have filed a civil lawsuit against Cochise County claiming discrimination due to a condition that was imposed when a special use permit was granted March 11, 2009.
Documentation of the case on file at the Superior Court in Sierra Vista states that Dr. Monica Vandivort and Nathan Yarbrough, owners of Elder Care at Windmill Ranch on Labrador Lane in Hereford, are suing the Cochise County Board of Supervisors, alleging unlawful discrimination of the elderly and disabled. They argue that the the supervisors are required to lift the condition establishing ingress and egress to the home as a “reasonable accommodation” to residents and visitors to the home, which now is an “undue burden.”
This is based on the supervisors’ denial of an appeal request by the owners in January upholding the decision to leave the condition in place, which was made by the Planning and Zoning Commission at a November 2010 meeting.
Elder Care attorney Robert Stachel, Jr., calls the decision of the supervisors “arbitrary, capricious and discriminatory.”
Labrador Lane is a private dirt road with easements for single family residences that runs between a county paved road, Calle de la Mango, and a county maintained primitive road, Calle de la Naranja. When granted a special use permit in 2009 to increase the number of residents from six to eight, a condition was agreed to by Elder Care to use Calle de la Naranja to access the home, not Calle de la Mango.
Neighbors on Labrador Lane, zoned -36 (single family home on a minimum of 36,000-square foot lot), complained to county officials that people coming to the assisted living home were using Calle de la Mango and accessing the property over the private road in violation of the agreed condition. The other property owners have set up obstacles to prevent access to Labrador Lane from Calle de la Mango.
That caused Vandivort and Yarbrough to seek the removal of the ingress/egress condition at an appearance before the Planning and Zoning Commission last November. The commissioners stated that nothing had changed and therefore, the agreed-to condition would stand.
After that decision, Vandivort and Yarbrough appealed to the board of supervisors. Supervisors Pat Call and Richard Searle voted to deny the appeal, supporting the the Planning and Zoning Commission recommendation, while Supervisor Ann English said she didn’t see anything wrong with using Calle de la Mango.
Social Discrimination Against The Elderly - News
Turning this into a case of discrimination against the elderly “is unreasonable and without support of the law,” continues Hanson. “The board's decision not to eliminate the condition was not based on the disabilities of plaintiffs or anyone connected
Older employees cannot be pressured into taking early retirement options, and age cannot be used to discriminate against older workers when employers need to downsize to cut costs. However, employers can safeguard against age discrimination claims.
The Council of Europe expressed concern Tuesday about discrimination against Roma, urging its member states to draw lessons from the Nazi massacre of gypsies during World War II. Europeans should honour the memory of the victims by taking measures to
What if they had fought back against the discrimination, against the institutionalisation of religion, against a constitution that relegated non-Muslims to the status of second-class citizens, what if we had seen our future in being part of that fight?
Italy was working actively through the Ministry of Equal Opportunities and the National Office against Racial Discrimination to counter such challenges in several key areas. On gender-based violence, the Government had amended and further supplemented
Elderly NY Teacher Fired: Was it Age Discrimination? | Lawinfo Weblog
If you’re a small business, age discrimination is something that you should be sure to avoid. After all, wrongful termination or mistreatment of employees because of their age can result in lawsuits, as illustrated by a recent lawsuit filed by a New York teacher who was fired allegedly because of her age .
Lillie Leon, 80, has taught in schools in New York for more than thirty years, but lost her job. She claims that it’s because she complained about having to escort her kindergarten students to bathroom breaks, reports the New York Daily News.
Employers should be aware that in certain situations, terminating an employee can amount to discrimination, including age discrimination.
Under current age discrimination laws, employers cannot discriminate against those who are over the age of 40 because of their age.
Employers are prohibited from discriminating on the basis of age when interviewing, during the application process, the hiring process, and the termination process. Older employees cannot be pressured into taking early retirement options, and age cannot be used to discriminate against older workers when employers need to downsize to cut costs.
However, employers can safeguard against age discrimination claims. For example, employers can come to an agreement with a terminated or laid off employee. In this scenario, the employee will be waiving their rights under the federal age discrimination law in return for some consideration, such as a severance package.
There are several requirements, however, including that the agreement must specifically refer to the waiver of rights, the employer needs to give the employee time to consider the agreement and the employer must advise them in writing to seek outside counsel first. For a business, age discrimination claims – like the one started by the New York teacher that was fired – should be avoided, and making sure you’re well acquainted with the law is the first step.
Related Resources:
Age-old woe for teacher (New York Post) Age Discrimination in Employment (FindLaw) Age Discrimination Laws: How Old is Old Enough? (FindLaw’s Law and Daily Life) Age Discrimination to Require Applicant’s Age?Social Discrimination Against The Elderly - Bookshelf
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