An Illinois nursing home violated federal laws by subjecting a licensed practical nurse (LPN) to sexual harassment by a supervisor, failing to accommodate a short medical leave of absence, and then retaliating against her for reporting the harassment, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed on September 10.
According to the suit, the LPN, who worked at the nursing home in Salem, Illinois, was sexually harassed by the director of nursing (DON), which included unwanted physical contact, and she reported the harassment to management.
Also, when the LPN needed a short leave of absence in connection with planned foot surgery, the nursing home failed to provide leave or make any other accommodation. Instead, she was told that her only option was to quit and reapply for her job, if it was still available. After the LPN stated that she believed the failure to accommodate her leave of absence was retaliation for her sexual harassment complaints, the nursing home banned her from the premises.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment. It also violates the Americans with Disabilities Act, which prohibits discrimination based on disability.
Amrith Aakre, district director of the EEOC’s Chicago office, said, “Employers receiving requests for time off or other accommodations related to physical impairments need to consider their obligations under federal law, which the EEOC will enforce.”
Compliance Perspective
Issue
Sexual harassment, a form of sex discrimination, violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This conduct constitutes harassment when it affects employment, interferes with work performance, or creates a hostile work environment. Complaints must be investigated promptly and impartially. Disability discrimination occurs when an employer or entity covered by Title I of the ADA or the Rehabilitation Act treats a qualified employee or applicant unfavorably due to disability. These laws prohibit discrimination in all employment aspects, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. Equal employment opportunity laws protect individuals from retaliation for asserting their rights against discrimination, including harassment. Participation in a complaint process is always protected from retaliation.
Discussion Points
- Regularly review and update your policies on preventing sexual harassment and disability discrimination. Ensure these policies clearly outline the procedures for reporting and addressing complaints. Also review policies on nonretaliation to protect employees who report harassment or discrimination.
- Train human resources staff and facility leadership on ADA requirements, including reasonable accommodation. Ensure they understand what constitutes discrimination and harassment, and their role in reporting and addressing these issues. Provide training for all employees on recognizing and reporting discrimination and harassment. Stress the importance of nonretaliation. Document all training sessions and file signed acknowledgment forms in each employee’s education file.
- Periodically audit by anonymously polling staff to determine if they are being harassed or experiencing discrimination and ask if they feel free to report such instances without fear of retaliation or retribution. Ensure that staff are aware of how to report concerns through the facility’s hotline or directly to their supervisor. Regularly review and test these reporting mechanisms to ensure they are effective and accessible.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
