Fired Housekeeper Sues Hotel for Age Discrimination

A 65-year-old woman is suing the Kimberly Hotel in New York City for age discrimination, claiming the hotel did not rehire the housekeepers it fired during the pandemic, but instead replaced them with younger workers, The Real Deal reports.

Darci Fernandez Penaloza had been an employee at the boutique hotel for about 25 years until she was permanently terminated in February. The hotel closed for part of 2020 and 2021 due to the ongoing COVID-19 pandemic. It filed a notice April 7, 2020, with the state warning that it would lay off employees.  

Penaloza said she was laid off in March 2020 but received a letter that the layoff was temporary. However, when the Kimberly Hotel reopened in September, Penaloza was not called back. She alleges that all the employees the hotel laid off were over 40 years old and none regained their jobs. Instead, they received letters their employment would terminate in February 2021, citing lower hotel occupancy and travel restrictions.

Penaloza alleges the hotel hired younger workers who could be paid a lower salary. She plans to seek class action status for her lawsuit.

Representatives for the Kimberly Hotel could not be reached for comment.