A judge has confirmed an arbitrator's ruling rejecting the claims of a former maintenance director for a Riverside County senior living center who alleged age discrimination was behind his 2020 firing.
Los Angeles Superior Court Judge Gary Roberts signed the arbitration confirmation decision on Thursday, stemming from the suit filed by plaintiff Ivan Vivian, who worked at the Brookdale Mirage Inn facility for the elderly in Rancho Mirage.
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Vivian also alleged hostile work environment harassment and failure to prevent discrimination and harassment.
In June 2023, Judge Timothy Patrick Dillon ruled that the defendant, Brookdale Employee Services LLC, established that there was an arbitration agreement that covered Vivian's claims. The arbitrator, attorney Michael Mandel, ruled in Brookdale's favor on Aug. 14.
In the suit filed in November 2022, Vivian, now 58, contended that the facility's executive director was 25 years younger than the plaintiff and often made ageist comments to him. Vivian also said he complained that caregivers did not give needed attention to distressed patients.
But the arbitrator said Vivian offered no evidence that any harassment he suffered was severe or pervasive or how any of the offensive comments interfered with his work performance or created an intimidating, hostile or offensive working environment.
In contrast, Brookdale offered evidence that Vivian was fired in December 2020 for legitimate reasons, including falsifying records, the arbitrator said.
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