The fact that CCRCs offer multiple levels of care within a single community is a key selling point. See Radi, 434 F. App'x at 178. Applying Resorts, The Fourth Circuit concluded that there was "no conceivable bankruptcy administration purpose to be served by the Debtor's adversary proceeding because the Plan made no provision for the use of any recovery from the adversary proceeding but instead provided for the satisfaction of the Debtor's obligations 'entirely from the post-petition rents and earnings of the Debtor through the operation of its real estate.'" You may find a lively, collegial communityor something that more resembles your worst memories of grade-school bullying.Benson, the Boston lawyer, recently worked with a CCRC resident suffering from Parkinson's disease. Up to $16.75 an hour. See id. . The major benchmarks were mixed for most of Wednesday until comments from Atlanta Fed President Raphael Bostic sparked tailwinds for stocks. 2011) (citing Trask v. Franco, 446 F.3d 1036, 1042 (10th Cir. at 186; see also In re Railworks Corp., 325 B.R. Other allegations include guards keeping residents confined to their rooms at night and denying them proper food, water, and medical treatment. Erickson Retirement Communities, developer of 19 continuing-care retirement communities throughout the U.S., filed for Chapter 11 bankruptcy Monday in U.S. Bankruptcy Court in Dallas. Biden President Joe Biden speaks to the House Democratic Caucus Issues Conference, Wednesday, March 1, 2023, in Baltimore. 154; (2) the GST Trusts' Rule 56(d) motion for discovery, ECF No. Visit our corporate site. On October 17 and 24, the parties submitted briefing. Published 26 August 22. include a $2,000 monthly fee per individual for independent living, a range of $4,500 to $8,682 per month for assisted living . Several members of his family, including his wife Nancy, served as directors and officers of EG and ERC. NY 10036. Monthly fees start at about $1,680 and go as high as $2,323 a month. Entrance fees currently range from $179,900 to $630,900. A major C.C.R.C. 0 0-0 0, Emma Erickson 1-3 . Based on 1,700 reviews. If you're confident in your choice of CCRC and refundability is not that important to you, you might negotiate to waive your right to a refund after a short period in exchange for a lower entrance fee.Besides reviewing the contract provisions, prospective residents should examine the facility's financial strength. Such dismissals are common. ECF No. Although the GST Trusts assert that the motion is still "pending," ECF No. Choose independent living for an active lifestyle, or thrive with the support of continuing care. Only for one of the kitchen managers to expose my daughter essentially putting her at risk yet again. John Erickson was the President of EG and had a controlling interest. Siena Lakes is Erickson Senior Living's newest community. 154-3. Continuing Care Retirement Communities (CCRC), also known as Life Care Communities, offer older adults a spectrum of services and care facilities, typically starting with independent living arrangements, then advancing to assisted living, and then progressing ultimately to nursing home care. 701 Maiden Choice Lane, Baltimore, MD 21228. Seniors move in expecting to enjoy amenities such as libraries, golf courses and posh dining rooms while they're healthy and to receive excellent skilled-nursing care if they fall ill. Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail. 154-7 at 1, three years before the debtors filed for bankruptcy, see ECF No. "Senior living companies launch Harvey relief efforts as Irma looms -", "Unlike anything in Utah, this huge new retirement community offers a 'life plan', "Erickson's smart bets soured along with nation's economy", "Erickson Retirement Communities to be sold to Redwood Capital", "On the Record: Adam Kane, SVP of Corporate Affairs at Erickson Senior Living - Senior Housing News", "Erickson Senior Living launches $47.5M expansion of Charlestown campus", "Erickson hopes to move forward with 78-acre retirement community near George Mason", "Retirement can be only as secure as your retirement home", "The Top-10 Largest Senior Living Providers in 2015 - Senior Housing News", "ASHA, Seniors Housing Business Release 2017 List of Largest Owners, Operators", https://en.wikipedia.org/w/index.php?title=Erickson_Living&oldid=1127863417, Housing for the elderly in the United States, Articles lacking reliable references from January 2022, Creative Commons Attribution-ShareAlike License 3.0, Independent living, assisted living, memory and skilled nursing care, This page was last edited on 17 December 2022, at 02:17. 152. 159. Erickson Retirement Communities sued more than a few individuals who have died since the lawsuits were filed. (internal quotations omitted) (emphasis in original). The management fee that Rogue Valley pays PRS is "well within industry standards," says Mike Morris, PRS chief operating officer and Rogue Valley's interim executive director. 10 myths told by COVID experts andnow debunked 4 replies. Making Your Money Last The plan was confirmed, and the debtor used the proceeds from the sale of its property to pay off all of its creditors, including the bank. 148 at 1. 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. ) or https:// means youve safely connected to the .gov website. The company was acquired later that year and. She joined Kiplinger in 2011 from the, How to find a Tax Preparer: What to look for in a tax professional, Stock Market Today: Stocks Brush Off Disappointing Tesla Investor Day, New RMD Rules: Starting Age, Penalties, Roth 401(k)s, and More, As the Market Falls, New Retirees Need a Plan, Retirees: Your Next Companion May Be a Robot, Using Your 401(k) to Delay Getting Social Security and Increase Payments. developer and operator, Erickson Retirement Communities, now known as Erickson Living, filed for bankruptcy protection in 2009. We have perfected our approach to helping seniors live a happier, healthier life. These include "modified" or type B contracts, which typically have lower entrance fees but include only a limited amount of assisted living and nursing care in the initial fee. Nursing home lawsuits require hiring an attorney with experience in nursing home litigation. 747 (D. Del. ECF No. After PRS removed seven of the nine Rogue Valley board members, that legal challenge fizzled. When it comes to these special jurisdictions, litigants must seek an attorney who is either licensed to practice law in the jurisdiction or is otherwise properly qualified to handle such a case. 2007) (affirming grant of summary judgment because nonmovant "failed to identify relevant information" to support his motion for discovery and failed to "demonstrate that information relevant to his claim actually existed"). Profit and prosper with the best of expert advice - straight to your e-mail. But Devonshire in recent months was hit with a $158 million foreclosure suit. "); In re Wellington Apartment, LLC, 353 B.R. The GST Trusts never made any payments on the Note--the first payment was due on May 4, 2006 and the Note fully matured on April 1, 2010. and the Plan was substantially consummated." Nursing home administrators sometimes do not take complaints seriously. As a matter of policy, BBB does not endorse any product, service or business. 160, 166 (Bankr. The company has since been bought by a local entrepreneur and operates under new leadership as Erickson Living. View Project. "); Nesterfield v. United States, 366 F. App'x 614, 619-20 (6th Cir. In addition, a special election is to be held in the 8th State Senate district, concurrent with the Spring primary and general election. Ask the CCRC for its audited financial statements, and seek help in evaluating them from a financial adviser. at 8-9. Works, 519 F. App'x at 182 (internal quotations omitted); accord Harrods, 302 F.3d at 245 n. 18 (citing with approval sources applying the rule liberally). Each location may offer differing services, but. Erickson Living, a large developer of senior living communities backed by a billionaire, received approval for two loans totaling $2.5 million from the federal government's small business. Free from worry and full of possibility. In that case, the suit must be brought against the governmental entity. Erickson Retirement Communities founder faces $100M lawsuit By Jessica Anderson and The Baltimore Sun Baltimore Sun Jun 04, 2011 at 12:00 am The founder of the Catonsville-based. Retirement Community Company Fired Director Who Opposed Disability Discrimination, Federal Agency Charges. Dec. 6, 2013). information only on official, secure websites. Our innovative and solution-based techniques will help guide your loved one to the drug and alcohol read more in Addiction Medicine, Counseling & Mental Health Location & Hours 3000 Essex Rd Tinton Falls, NJ 07753 ECF No. On May 15, 2013, the GST Trusts filed an unopposed motion for an extension of time to respond to the summary judgment motion. Ask about the process for moving to a nearby facility if the nursing facility fills up and how any extra cost would be covered. I am expected to pay this bill and send it to Erickson in Maryland. A .gov website belongs to an official government organization in the United States. By the editors of Kiplinger's Personal Finance "It's really going to be business as usual until that foreclosure process runs its full course," which could take a couple of years, Anderson said in an interview. In contrast, in Air Cargo, the bankruptcy plan "provided for the liquidation of Air Cargo by creating a litigation trust" which would, inter alia, prosecute pre-petition claims of the debtor. He and five top managers, including the chief executive and chief financial officers and Erickson's two sons, were to be replaced by a team chosen by Redwood. Hopefully this review on the BBB can force some accountability and change in a company that boasts about its apparently invisible core value's Integrity, and Responsibility. All Rights Reserved. ", EEOC Philadelphia District Director Jamie R. Williamson added, "The EEOC is committed to protecting employees from unlawful retaliation. Conclusion. Id. 166-1 at 1-2. The Fourth Circuit "place[s] great weight on the Rule 56[d] affidavit." See, e.g., White v. BFI Waste Servs., LLC, 375 F.3d 288, 295 n.2 (4th Cir. 26. Pompton Plains, NJ +12 locations. The United States Supreme Court has repeatedly ruled that lawsuits involving any type of private institution are not allowed to bring lawsuits against government agencies or private parties. To subscribe, click here. 159-1. 2004). Thus, the GST Trusts, the nonmoving parties, have sufficiently established that they, "through no fault of [their] own, [have] had little or no opportunity to conduct discovery." Once the bankruptcy court has confirmed the Chapter 11 plan, however, the scope of "related to" jurisdiction narrows. As a parent I immediately reached out to Charlestown's human resources manager, who assured me my daughter's name would be omitted from the complaint of bulling. she says. The search for the ideal retirement community is only getting tougher as CCRCs offer a growing array of complex contract types and struggle with financial challenges. [9], In 2015, Erickson Senior Living was ranked as one of the top 10 senior living providers in the Assisted Living Federation of America's (ALFA) annual ranking of senior living providers by resident capacity. Given the growing needs of an aging community, these funds can run dry. However, to defer consideration of summary judgment the GST Trusts only need to "describe with particularity the evidence [they seek] to obtain." On July 8, 2013, the Trustee opposed this motion. [5] The majority of that company's assets were purchased by Redwood Capital Investments LLC for $365 million, and a new Erickson Living company was created as a subsidiary of Redwood Capital Investments LLC. Rogue Valley's board in August filed a . ECF No. 159 at 4. 486 F.3d at 834. See ECF No. Erickson, which listed assets of $1 billion in the bankruptcy filing, operated a chain of 19. Now, residents have organized a steering committee and raised roughly $250,000 to work with their own lawyer, says Don Lewis, 84, vice-president of the Rogue Valley residents' council. 4. 163 at 3; e.g., Richard v. Leavitt, 235 F. App'x 167, 167 (4th Cir. How Do I Stop Robocalls From Scamming Me? Many CCRCs mandate that residents who need more than a set number of hours of care per day transfer to assisted living, says Susan Ann Silverstein, senior attorney at AARP Foundation Litigation.Another key question: Will an assisted-living or skilled-nursing bed be available when you need it? John C. Erickson, the founder and former CEO of Erickson Retirement Communities, filed a motion in early August to dismiss a $100 million lawsuit against him regarding his part in the. It provides independent living, assisted living, memory and skilled nursing care, managing 20 campus-style retirement communities in 11 states. The Trustee only seeks summary judgment against the GST Trusts on count one of the complaint--breach of contract for nonpayment of the Note. ECF No. at 8-9. at 182. "The corporation has asked me at times to cool it a bit.". Many attorneys offer a free consultation where they assess a clients case. This community would offer well-appointed independent living apartments and a range of services and campus amenities including multiple dining venues, a pool & fitness center, an on-site medical center, art studios, classrooms and more. at 189. Attorneys who have won significant judgments are usually very active in putting on community lawsuits. Justia US Law Case Law Michigan Case Law Michigan Court of Appeals - Unpublished Opinions Decisions 2017 ERMA ROGERS REVOCABLE TRUST V ERICKSON RETIREMENT COMMUNITIES Receive free daily summaries of new opinions from the Michigan Supreme Court . Like the litigation trustee's claims in Air Cargo, the claim at issue in this case is "the liquidating trust's biggest asset." Required fields are marked *. When I try to call Erickson they hang up. Bert M. Erickson Senior Living Community Employee. Fed.R.Civ.P. The Their website even states "An Award-Winning Workplace" valuing diversity, inclusion, friendliness, integrity, teamwork, and respect". The sale of Erickson Retirement Communities LLC, which manages 19 full-service campus-style communities, to Redwood Capital Investments, has been completed, the senior living provider disclosed . LEXIS 53468 (S.D.N.Y. 154-1 at 4. Erickson Living manages Oak Crest in Parkville and Charlestown in Catonsville, among about a dozen communities across the country. Under Local Rule 402, the action was automatically referred to the Bankruptcy Court for the District of Maryland. Residents pay only for services they want or need[10] and if a resident moves out or dies, a percentage of the deposit is returned to them or their heirs when a new tenant for the apartment is found. Both trusts held ownership interests in EG. My dear father, ******, died at Brooksby Village, Peabody, Ma., on 7/8/21. Accordingly, the Court concluded that "related to" jurisdiction was lacking. 169 at 2. [12] In 2017, the American Seniors Housing Association (ASHA) ranked Erickson Senior Living in the ASHA 50, a listing of the largest owners and operators of senior housing communities in the United States.[13]. 166-1. Shortly after making her report, Erickson Living terminated the director and her subordinate employee as part of a purported company restructuring. [4], Erickson filed for Chapter 11 in 2009. This case should remind all employers to investigate internal complaints of discrimination and not retaliate against those brave enough to oppose perceived discrimination.". 154-7 at 2-3. Could your RMDs be affected? It was common for senior citizens to be placed in restraints and kept awake at night. Plan on monthly fees increasing at least 4% to 6% annually while you're in the independent-living unitand potentially steeper increases for assisted-living or skilled-nursing stays. Visit our Sales Center to review floor plans that suit your style and budget. On October 12, 2011, the Texas Bankruptcy Court transferred the adversary action to the District of Maryland. For example, the affidavit identifies several depositions the defendants wish to take of identified bank officials and the testimony they will likely elicit. All Rights Reserved. 2023 Erickson Senior Living. Some CCRCs have an appeals process for residents who are transferred involuntarily. An official website of the United States government. (emphasis in original). Neither Erickson nor several of his family members listed as defendants in the suit returned calls seeking comment Saturday. 159-1 at 1. On August 2, 2013, the GST Trusts moved for leave to file a supplemental Rule 56(d) affidavit. BALTIMORE - Erickson Living Management, LLC, a Catonsville, Md.-based company which builds and manages retirement communities in 11 states, violated federal law when it fired a director because she opposed perceived disability-based discrimination against her subordinate, the U.S. 455. 154-1 at 5. In other words, unlike the claims at issue in Resorts and Valley Historic, the claim against the GST Trusts was specifically integrated into the Plan as a means of recovery for certain debtors--it is a matter affecting the "implementation, consummation, execution, or administration of the confirmed plan." What's more, "I would like to see an accounting" of how fees are used, says Lewis, who has lived at the CCRC since 2005. Id. Cedar Crest Village by Erickson Senior Living 3.6. ; ECF No. The Erickson retirement communities . Erickson Group, LLC ("EG") was a holding company. ECF No. [6] The company was renamed to Erickson Senior Living in 2021. In re Air Cargo, Inc., 401 B.R. Justia US Law Case Law Michigan Case Law Michigan Court of Appeals - Published Opinions Decisions 2018 SMITH TRUST AND ESTATE V ERICKSON RETIREMENT COMMUNITIES Receive free daily summaries of new opinions from the Michigan Supreme Court . CCRC bankruptcies have continued this year.Another reason prospective CCRC residents need to do their homework: Oversight is spotty. 512, 525 (Bankr. See ECF No. The trust filed an adversary proceeding, seeking to recover fraudulent conveyances and asserted other state law claims. 178, 185 (Bankr. at 838. The attorneys must also be able to provide a timeline for the defendants to make changes based on the findings of the investigation. . *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. Facilities may attempt to discharge residents if they run out of money or develop above-average care needs, says Eric Carlson, directing attorney at the National Senior Citizens Law Center. I. ECF No. ECF No. Some Erickson CCRCs, for example, had occupancy rates between 60% and 70% at the time of the company's bankruptcy filing, according to court documents. Aug 23, 2020 In March 2020 Erickson Living Management, LLC, a branch of Erickson Living, agreed to a payment of $151,000 to settle a lawsuit filed by the . See Railworks, 325 B.R. All Rights Reserved. Erickson Senior Living has built and operated retirement communities since 1983 and now has communities in 11 different states. An entrance fee is a one-time, upfront charge that usually doesn't buy you ownership interest in a CCRC apartment. That may mean leaving a longtime home in the independent-living unit and being separated from a spouseresulting in higher fees for a couple occupying two units. See, e.g., Radi, 434 F. App'x at 178. In Valley Historic, the debtor partnership filed for bankruptcy after the Bank of New York informed it that the debtor's loan agreement with the bank required a tenfold increase in monthly loan payments. ECF No. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. Choose from a variety of apartment homes that are low on maintenance and big on style. Suppose the defendant has twenty-one plaintiffs who all claim to have been victims of cruel and unusual punishment; does the judge throw out all twenty-one claims as frivolous? The Erickson communities appealed in part for their relative affordability -- entrance fees range from $110,000 to $580,000, depending on apartment size, plus monthly fees of $1,550 to $2,600. If a case does not meet those requirements, it will not proceed. New York, Your brochure includesfinancial details, activities, and more! Published 26 September 22. happy retirement See ECF No. The GST Trusts contend that EG never intended for the GST Trusts to make payments on the Note, EG's creditors knew about the transaction, and the Note was created for tax planning purposes. The scammers have automated their efforts to separate you from your money. The debtor "had paid all its creditors . Cf. I believe something illegal or unethical is going on. It's actually one of the best decisions that we have made in our life. See, e.g., ECF No. Prospective residents of continuing-care retirement communities need to do their homework before signing a contract. There is always a governing body, such as the U.S. Congress, which determines if and when suits can be brought. Here, although the Plan has been confirmed, the Plan specifically: (1) creates the Liquidating Trust and appoints the Trustee to prosecute certain claims of the debtors on behalf of a sub-set of the debtors' creditors; and (2) provides for the Liquidating Trust's collection of the state law claim, which arose pre-petition, at issue in this suit. Making Your Money Last International Association of Better Business Bureaus. . Erickson Senior Living is considering the development of a new CCRC in Lakewood Ranch. Because the Court concludes that there is jurisdiction under 1334(b), it will not decide whether there is also diversity jurisdiction. DuPont de Nemours & Co., Inc., 76 F.3d 530, 534 (4th Cir. Partially refundable entrance fees can stretch into the seven figures, and monthly fees can top $5,100, according to the site. View Project. D. Md. . Erickson Senior Living is an owner, manager and developer of retirement communities in the United States. Clean residents' homes and/or rooms. If the CCRC has a large parent company, speak with management and residents, and check out its annual report for details on its activities and future plans.Concerns about how funds are used across a broad organization are at the center of an ongoing dispute between residents of Rogue Valley Manor in Medford, Ore., and Pacific Retirement Services (PRS), the company that controls the CCRC. These [are] the same factors the Third Circuit noted in Resorts when it concluded that the mere potential to increase the assets of the trust is insufficient to establish a close nexus. John C. Erickson, who founded the Baltimore County Erickson Retirement Communities in 1983, is accused, along with his family members and other former board members, of approving company assets for private use. Sioux City School Board members named in former Superintendent Paul Gausman's lawsuit file motion to strike; Le Mars boys basketball coaches double-team retirement; . 544. The debtor then filed an adversary proceeding against the bank alleging, inter alia, breach of contract. To date, more than 24,500 residents at these communities have received the COVID-19 vaccine. 154. Accordingly, the GST Trusts' motion to file a second affidavit, and their Rule 56(d) motion, will be granted. Get your free brochure with more information about Siena Lakes. ECF No. Erickson created RLTV, a television network that focused programming towards seniors in 2006. Id. The complaint alleged nine counts under the Maryland code or Maryland common law (counts 1-9), three counts of fraudulent transfers (counts 10-12), under 11 U.S.C. 171 at 3. There are usually several defendants in any case. Logo for Siena Lakes Senior Living in Naples, FL. Id. The plan specifically provided that one of the main assets of the litigation trust was "funds resulting from the anticipated prosecution of avoidance actions, including actions to avoid and recover fraudulent transfers and preferences." The court held that the malpractice claim lacked a close nexus to the bankruptcy estate, because its resolution "will not affect the estate; it will have only incidental effect on the reorganized debtor; it will not interfere with the implementation of the Reorganization Plan; [and] though it will affect the former creditors as Litigation Trust beneficiaries, they no longer have a close nexus to bankruptcy plan or proceeding because they exchanged their creditor status to attain rights to the litigation claims." In denying the plaintiff's Rule 56(d) motion, the Bilal court relied heavily on the fact that the plaintiff disregarded the judge's explicit warnings that the plaintiff would not receive additional discovery deadline extensions. In other cases, CCRCs will admit people from outside the community to the nursing facility. However, creditor objections to the settlement apparently prevented approval. at 8; ECF Nos. Very nice and an Upscale Retirement Community. 154-1 at 6, 172 at 7-8. Heres how it works. 159 at 2, they did not file a reply brief to contradict the Trustee's characterization of the motion as moot. Owens-Ill., Inc. v. Rapid Am. 169 at 3. If a CCRC is forced into bankruptcy, residents may be considered unsecured creditors and could lose any refundable entrance fees. Id. --------. Check for specific circumstances that might justify the facility forcing out a resident, Carlson says. Thus, this case does not compel a rejection of the GST Trusts' Rule 56(d) motion. Resorts makes no such distinction and holds that post-confirmation 'related to' jurisdiction lies only if the matter at issue affects the interpretation, implementation, consummation, execution, or administration of a confirmed plan."). Privacy / Terms of Use. Its only asset was its 100% membership interest in Erickson Retirement Communities, LLC ("ERC"). (quoting Resorts, 372 F.3d at 167) (internal quotations omitted). 2008) (quoting Harrods, 302 F.3d at 244 (internal quotations omitted)). (citing D. Md. Prospective residents can push to have their own physician involved in the decision, says Henry Carpenter, an elder law attorney in Yardley, Pa. Also ask about the rules on hiring your own care providers, in addition to those offered by the CCRC. Although, unlike Air Cargo, the claim against the GST Trusts does not arise under federal law and the Plan reorganized, rather than liquidated, the debtors, neither Air Cargo nor Valley Historic held that state law claims prosecuted by litigation trusts created by reorganization bankruptcy plans are outside the scope of post-confirmation jurisdiction. Equal Employment Opportunity Commission (EEOC) charged in a Equal Employment Opportunity Commission (EEOC) alleging workplace retaliation. Plaintiffs attorneys also contend that the defendants refused to make reasonable accommodations for their plaintiffs. With so many incredible amenities, it's like you're living in a resort. In the post-confirmation context, there must be a "close nexus" between the proceeding and bankruptcy--"the claim must affect an integral aspect of the bankruptcy process." Official websites use .gov Defendants. Scams Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ms. Marie Dyer, Director of Human Resources. 401 B.R. 3. June 30, 2008) for the proposition that "hope that settlement negotiations would be successful" does not support "good cause" for giving additional time for discovery under Rule 56(d). But such discrimination, whether prompted by fellow residents' complaints or a facility's desire to project a vibrant image, is an ongoing issue for CCRC residents, lawyers say. Typaikat sijaitsevat hyvien julkisten kulkuyhteyksien varrella, aivan Vantaan rajalla (Pakkasraitti 12, 04360 TUUSULA). BBB is here to help. These statements are insufficient to support their request for additional discovery. 171, 172, 175. Accordingly, because the claim at issue here was provided for in the Plan, is being prosecuted by a trust created by the Plan, will bring recovery to the debtors' creditors if successful, and arose pre-petition, the claim has the requisite close nexus to the bankruptcy case, and the Court has jurisdiction. A lock ( Last updated 3 October 22. retirement He could not be reached for comment Saturday. This very same manager since the bullying incidents resolution has constantly treated my daughter unfairly, retaliating in any way she can towards a child. CIVIL NO. "The protections against retaliation are vital to our enforcement of civil rights laws," said EEOC Regional Attorney Debra M. Lawrence. Attorneys who are familiar with these lawsuits are often able to negotiate a fair settlement out of court. The nonmovant must show through affidavits that he cannot yet properly oppose a motion for summary judgment. at 157. says Doris Hawks, an elder law attorney in Los Altos, Cal. The EECO says the actions violate the Americans with Disabilities Act that prohibits employers from retaliating against workers for opposing discrimination on the job. retired individuals. for Pregnancy Concerns, Inc. v. Mayor & City Council of Baltimore, 721 F.3d 264, 281 (4th Cir.