ALBUQUERQUE, NEW MEXICO — A long-term care facility in Albuquerque has agreed to pay $75,000 and implement significant workplace reforms to resolve a federal age discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission, according to a consent decree approved by a U.S. District Court judge on February 24.
South Valley Care Center, a nursing home in Albuquerque, reached the settlement to resolve allegations that it permitted a supervisor to subject employees to age-based harassment over a period of years and then terminated two workers who raised complaints about the treatment, according to the EEOC.
The Allegations
The EEOC filed the lawsuit in June 2025, alleging that South Valley Care Center allowed a pattern of age-based harassment to persist in its laundry department, as reported by McKnight's Long-Term Care News. The federal agency brought the case on behalf of former employees Maria Nevarez and Maria Perez, describing it as a potential class action involving "a class of aggrieved individuals" subjected to harassment based on age.
According to the EEOC's complaint, the alleged harassment traced back to 2014, when a housekeeping and laundry supervisor began making derogatory comments about workers' ages. The lawsuit states that when Nevarez became pregnant in her 40s, the supervisor told her, "You should be ashamed of yourself. Getting pregnant at 40 years old. You don't do your job right like that."
The agency alleged that such age-related remarks became routine by 2021. When Perez joined the staff at age 56 in 2022, the supervisor allegedly told both women that "no one would hire old women like them, and they were too old to get new jobs," according to the lawsuit.
The EEOC further alleged that the supervisor, who was bilingual and had historically served as a translator for Spanish-speaking staff, began refusing to communicate in Spanish with employees and suggested she could simply replace them with English-only speakers.
In May 2022, Nevarez, Perez, and a third laundry aide brought their concerns directly to the facility's human resources director and administrator, reporting allegations of age and national origin discrimination, according to the complaint. The EEOC alleged that South Valley failed to investigate the claims from that meeting or from a subsequent meeting in late June. Both Perez and Nevarez were terminated later that summer, the lawsuit states.
The Settlement
Under the three-year consent decree approved by the court, the facility must pay $75,000 in back pay to the two former employees, issue formal letters of apology and reference, and retain an outside consultant within 60 days to overhaul its anti-discrimination policies and procedures, according to the EEOC's announcement on February 27, 2026.
The agreement also mandates two years of enhanced anti-discrimination training, with the most rigorous requirements directed at management and human resources personnel, as reported by McKnight's. The training period may be extended if additional complaints arise during the monitoring period. The consent decree also permanently bars the facility and its ownership from rehiring the supervisor named in the case.
In a proposed apology letter included in the settlement, South Valley stated it is "taking steps to reinforce its commitment to equal employment opportunity," adding that its "intent has always been to conduct its business in a way that is fair, professional and consistent with equal opportunity principles."
EEOC Phoenix District Regional Attorney Mary Jo O'Neill indicated the agency would continue to pursue employers who allow age-based harassment and retaliation, according to the EEOC's public announcement of the settlement.
South Valley Care Center did not respond to requests for comment from McKnight's Long-Term Care News.
CMS Inspection History
While the EEOC case focused on employment practices, federal inspection records raise separate questions about the quality of care at facilities operating under similar conditions. South Valley Care Center holds a 5-star overall CMS rating, according to Medicare's Care Compare database.
However, age discrimination and workplace culture issues at nursing homes are significant because research consistently links staffing stability and employee morale to resident care outcomes. Federal regulations require nursing facilities to maintain sufficient staffing levels and ensure that employees can perform their duties without interference or hostile work environments.
The EEOC settlement with South Valley serves as a reminder that federal oversight of nursing homes extends beyond clinical care to include how facilities treat their workforce — a factor that experts and regulators increasingly recognize as inseparable from the quality of care residents receive.
Ownership & Operations
South Valley Care Center operates as a long-term nursing care facility in Albuquerque. The facility did not publicly comment on the settlement or the allegations. The consent decree's requirement that an outside consultant review the facility's policies suggests the court and the EEOC determined that internal oversight mechanisms were insufficient to prevent or address the alleged discrimination.
The case highlights an ongoing challenge across the long-term care industry, where high staff turnover and workforce shortages can create environments in which workplace complaints go unaddressed. Federal anti-discrimination laws, including the Age Discrimination in Employment Act, protect workers aged 40 and older from harassment and retaliation, and the EEOC has signaled its intent to hold care facilities accountable for violations.
Resources for Families
Families with concerns about nursing home conditions, staffing, or workplace culture that may affect resident care can contact the following resources:
- New Mexico Long-Term Care Ombudsman: 1-866-451-2901 - National Elder Care Locator Hotline: 1-800-677-1116 - Long-Term Care Ombudsman Resource Center: ltcombudsman.org
Residents and family members who suspect that staffing problems, high turnover, or workplace dysfunction are affecting the quality of care at a facility are encouraged to file complaints with their state ombudsman program. Employees who believe they have experienced age discrimination or retaliation can file charges with the EEOC within 300 days of the alleged violation in states with local anti-discrimination agencies.
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