Dental Practice Fired Dental Hygienists Because of Age, Federal Agency Charges

HARRISBURG, Pa. - Capital City Dental Care, a dental practice headquartered in Harrisburg, Pa., violated federal law when it fired a group of dental hygienists because of their age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

According to the suit, in August 2015, a new owner purchased the dental practice. From September 2015 through November 2015, Capital City Dental Care fired eight out of nine dental hygienists older than 40 at its Camp Hill, Pa. location. Capital City Dental Care did not give the dental hygienists, each of whom had years of experience and was qualified for the position, any prior notice or reason for the termination. From August 2015 through February 2018, Capital City Dental Care them replaced them with 14 employees, 13 of whom were under age 40.

Such alleged conduct violates the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against people who are age 40 or older.

The EEOC filed suit (EEOC v. Michael A. Sisk, DDS, LLC, d/b/a/ Capital City Dental Care, Civil Action No. 1:19-cv-00804-UN1) in the U.S. District Court for the Middle District of Pennsylvania, after first attempting to reach a voluntary, pre-litigation settlement through its conciliation process.

EEOC Regional Attorney Debra M. Lawrence said, "It's not only unfair to fire qualified employees based on their age, it's against the law."

EEOC Philadelphia District Director Jamie R. Williamson said, "Older workers play a vital role in the workplace and our economy. The EEOC is committed to protecting employers from age discrimination."