Thread regarding Humana Inc. layoffs

The possibility of filing a complaint to the EEOC

I would like to suggest that anyone over the age of 50, who is being forced into a position for which they were not hired and does not view this as their golden opportunity, file a complaint with the EEOC (Equal Employment Opportunity Commission). You don't have to wait until you are terminated. Better still, as there appears to be evidence that this practice is occurring within a specific age category, file a class action suit. The EEOC will investigate and attempt to mediate if possible. If you have been terminated under these circumstances, they will issue a 'right to sue' letter to you which you can then give to your attorney - so that a law suit may be filed. Unfortunately dreamers, Humana is a predatory insurance company - preying upon the medicare population with a high priced, inferior product that then gets off loaded to dim wits in Manila for handling

This was posted originally on a different thread ( @VNjzN4r-5yyr ). Does anybody know if this is really possible and if it is would such a complaint have any real effect?

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| 3555 views | | 25 replies (last February 7, 2019) | Reply
Post ID: @OP+VSU7PtP

25 replies (most recent on top)

Humana s---s!

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Post ID: @1Dcjt+VSU7PtP

I was let go and was meeting quotas year after year. Harassment was evident but no one did nothing now I’m over 50 and struggling to find a job! I would not recommend working there.

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Post ID: @1Dmsb+VSU7PtP

Past experience with HUM layoffs in 2009 and I can assure you that HR does a full Associate population analysis based on all of the EEOC regulations to make certain a case cannot be proven. Feel free to post a complaint but IMHO they have the data already analyzed for risk.

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Post ID: @3ysv+VSU7PtP

to poster mandatory move from field: you have a case. Yes, Humana has been cited for age discrimination in the past. I hope you will build out your case if it becomes necessary. Document and keep notes concerning names and dates.

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Post ID: @2rsd+VSU7PtP

I did some research and the average nursing ages varied depending on who was polled. Nurses are on average aging. However, the average age of full time nurses is still low 40s. I believe the American Nurses Association study to be most accurate. https://www.nursingworld.org/practice-policy/workforce/

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Post ID: @2zbk+VSU7PtP

I also was affected by a MANDATORY move from Field. Yes I am over 60! I had previous applied for a CCL position I was told "you are old school". funny to be turned down for a position based on being "old school". I have been with this company over 7 years and this is a slap in the face as I do believe they are setting us up to fail in order to avoid severance pay. they have been sued before for this same issue regarding age and also for discrimination based on s-x. they paid a hefty amount out for those incidents.

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Post ID: @1wgz+VSU7PtP

Over 50, even 60. Laid off

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Post ID: @1iqv+VSU7PtP

I AM OVER 50

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Post ID: @1rbv+VSU7PtP

I’m not naive or ignorant. I just choose to be positive and look at my options instead of throwing a hissy fit like a child because I don’t get what I want. It’s business and I understand that. It is a change. It’s not easy processing that. You should give it a chance before allowing your emotions to control your reaction. It might be a role you end up loving. You just don’t know.

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Post ID: @1moq+VSU7PtP

How many actual over 50 people have been affected? Versus not over 50? Please state your status. I'll start...over 50...affected.

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Post ID: @1ywr+VSU7PtP

@1vbw....you are naive or just ignorant. we are being focred not offered an option and supposedly my position was non eliminated....just wait. your turn will come where humana will screw you overand then wewillsee how you feel because

nobody is safe

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Post ID: @1xsj+VSU7PtP

Or another option is to wait for the training to occur before filing such a complaint. Maybe I'm a bit simplistic but the CV training has not yet occurred yet. I doubt EEOC would investigate in advance. Js.

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Post ID: @1iwz+VSU7PtP

No ones forced to transition. Their role is gone. They can leave the company or take a telephonic role. I believe that’s an option. Nothing’s forced. And it’s actually refreshing they were given an option instead of just being laid off.

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Post ID: @1vbw+VSU7PtP

If you are being forced to transition into a position for which you have not been adequately trained or do not have the required experience, it is not business - its constructive discharge. Anyone who has doubts concerning their future performance in the new role should consider protecting themselves by filing an EEOC complaint. It will cost you nothing. Additionally, they should make attempts to transfer to a more compatible role within Humana.

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Post ID: @1zcz+VSU7PtP

If anyone thinks Humana makes these decisions based on age, you are fooling yourself. The minute the business changes, someone immediately shouts EEOC. It’s so stupid. The EEOC is there for blatant discrimination, not getting your feelings hurt cause they changed your assignment within the same role. It’s a business. They can change their business model anytime they want.

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Post ID: @1msr+VSU7PtP

Some clarity, further to EEOC and constructive discharge of employment: Constructive dismissal, also known as constructive discharge or constructive termination, is a modified claim of wrongful termination. Wrongful constructive dismissal occurs when, instead of firing the employee, the employer wrongfully makes working conditions so intolerable that the employee is forced to resign. Other factors to consider when composing an EEOC complaint :why were you or your group selected for this forced transition and were you given the appropriate training to handle this job so that you will not fail

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Post ID: @1uqk+VSU7PtP

If you’re laid off in a RIF, by law, you can ask HR for a list of the ages of who was impacted

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Post ID: @1itf+VSU7PtP

Actually...none of that is true. A single employee who can prove that age was a factor in denying promotion, assignment, etc....go read it yourself...who has been discriminated against due to age can be evaluated for EEOC violations. Things like failure to provide reasonable explanation of why such moves were made or promotion or bonuses were denied or moving people to less desirable assignments...without explanation or being named BB and pot shotting employees with an article on retiring retirement the day after a layoff announcement, moving employees with more experience and seniority while keeping younger new employees with less seniority and experience...these are the things EEOC looks at. Also, poor definition of job description. Constructive discharge, retaliation. Poor training, unreasonable demands or assignments. I'm not going to go on. But...the first thing to be asked is not the ratio, it will be the criteria used to pick these forces transitions and if that cannot be explained, they are in serious trouble.

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Post ID: @1uba+VSU7PtP

This is information that Humana is banking on that you will not have. You will need to build your case to proceed. Have you unsuccessfully attempted to locate other employment within Humana? Have you been passed over for promotions? What is the nature of the relationship between you and your supervisor? What's been said in those meetings? What's in your personnel file? Any other evidence pointing to age discrimination.

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Post ID: @1rlq+VSU7PtP

If you have a role where 35/50 nurses are over 50 and 40/50 nurses are impacted there’s going to be a higher volume of over 50 impacted.

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Post ID: @1qxs+VSU7PtP

Previous poster, you are absolutely incorrect. The average age of a nurse in the US has no impact on whether discriminatory behavior did or did not occur. I believe that there have been older nurses that ha e been deliberately targeted. I am curious of the ages of these nurses now. It seems quite valid. Also, how was their incentive structured?

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Post ID: @1wax+VSU7PtP

The average age of an RN in the US is 50. Taking this into account it would be very difficult to prove age discrimination

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Post ID: @1ghb+VSU7PtP

since the age of targeted protection starts at 40, and given the average age of workers with Humana, I would think it’s close to impossible to prove age Discrimination and I highly doubt the poster in the other thread who said they got a settlement within a year is correct. Unless someone said that person was being moved to another position because they were too old to do the other, it’s doubtful. As other posters have said, some aren’t cut out for the role they are in and they will blame everyone and everybody before looking at themselves

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Post ID: @1tbs+VSU7PtP

The Age Discrimination in Employment Act of 1967 (ADEA) is the federal law that prohibits employers from discriminating against employees who are at least 40 years old because of their age. It applies to employers with at least 20 employees.

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Post ID: @aej+VSU7PtP

Being moved into another job is not age discrimination

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Post ID: @kck+VSU7PtP

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