For the second time in less than a decade, the U.S. Equal Employment Opportunity Commission (EEOC) has sued Montrose Regional Health, alleging the hospital engaged in age discrimination and retaliation in violation of federal law. Montrose Regional Health denies the claims made in the suit.
The new lawsuit, filed Sept. 30 in U.S. District Court for the District of Colorado, claims MRH discriminated against employees age 40 and older by targeting them for termination, demotion, and forced resignation. The EEOC also alleges that when employees opposed what they saw as discriminatory treatment, they faced retaliation.
According to the EEOC, managers in the hospital’s Same Day Surgery and Post-Anesthesia Care Unit made comments favoring younger nurses, saying they wanted staff who were “more youthful and energetic” and encouraging younger employees to “take over.” Older nurses were allegedly described as “lazy” or unwilling to “work hard.” The EEOC said older employees were subjected to heightened scrutiny and supervision, and those who complained were retaliated against.
The agency said the lawsuit seeks “monetary relief for the workers subjected to discrimination and retaliation, including back pay, liquidated damages, and compensatory damages,” along with an order to prevent further violations.
“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.”
Melinda Caraballo, director of the Phoenix District, added: “Workers have a protected right to complain … Retaliation against workers for these kinds of complaints violates federal law.”
MRH response
Montrose Regional Health denied the allegations in a statement released Tuesday.
“The U.S. Equal Employment Opportunity Commission (EEOC) recently notified Montrose Regional Health (MRH) of plans to take legal action against the organization based on the resignation of an employee in 2021,” the hospital said. “The EEOC lawsuit also includes several claimants who either left voluntarily or were terminated for cause between 2020 and 2025. MRH strongly denies the allegations contained in the filing.”
Dr. Mary Vader, chairperson of the MRH Board of Directors, said: “Our health system has always been dedicated to treating our employees with respect and fairness. We are proud of the dedicated people who choose to work here and the high standards they uphold every day.”
Erin Skees, chief human resources officer, said: “We adamantly deny any wrongdoing and remain confident in our employment practices, which comply fully with the Age Discrimination in Employment Act and all applicable laws. Montrose Regional Health is committed to fostering a workplace where all employees are valued and supported.”
The hospital added that more than 61 percent of its workforce is age 40 or older and said it intends to “vigorously defend against these claims” while working with the EEOC “to better understand their concerns and provide any additional information needed.”
Previous lawsuit and settlement
This marks the second time the EEOC has taken legal action against the Montrose hospital. In 2016, the agency sued what was then Montrose Memorial Hospital, alleging “widespread age discrimination” that targeted 29 employees over the age of 40, many with decades of service.
That earlier complaint said managers referred to older workers as “old monkeys” and expressed preferences for “cheery young things” and “fresher” nurses. The EEOC alleged older employees were treated more harshly for performance issues and were forced out in favor of younger staff.
In January 2018, the hospital agreed to pay $400,000 and entered into a consent decree that required anti-discrimination training, policy changes, and reporting of future complaints to the EEOC.
At the time, the EEOC said the hospital’s settlement demonstrated the seriousness of age discrimination in the workplace and was intended to ensure compliance with the Age Discrimination in Employment Act moving forward.
What’s next
The 2025 lawsuit comes just seven years after that settlement and will again test MRH’s employment practices. The case has been filed under number 1:25-cv-03065 in U.S. District Court for the District of Colorado.
MRH, which is the second-largest employer in Montrose County with more than 950 employees and 188 providers across 32 specialties, said it will continue to defend its practices while cooperating with the EEOC.
Justin Tubbs is the Montrose Business Times editor. He can be reached by email at [email protected] or by phone at 970-765-0915 or mobile at 254-246-2260.
