A certified nursing assistant (CNA) recently filed a racial discrimination suit in a U.S. District Court against a Pennsylvania nursing home. The CNA alleges that she, along with other black aides, was harassed; that she was subjected to a hostile work environment due to her race; and that she was wrongfully terminated, in violation of her civil rights.
The CNA worked at the facility during 2019 and, according to the court record, she is seeking compensation for lost wages and emotional distress. She also is asking the court to ensure that the nursing home is required to adhere to a policy that prohibits discrimination and retaliation against any employee.
The attorney for the nursing home reports that the CNA’s termination was due to her insubordination, and that she posed a threat to the health and safety of the elderly and/or medically compromised residents.
The district judge ordered the case to be mediated.
The EEOC created a mediation program in the early 1990’s that has become one of the largest and most successful dispute resolution programs in the United States. EEOC mediation enables parties to settle a charge of discrimination without engaging in a lengthy investigation or going to court. See: https://www.employmentlawfirms.com/resources/employment/discrimination/eeoc-mediation-discrimination-claims.htm.
Compliance Perspective
Issue
Discrimination against an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information is illegal under laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Discussion Points
- Review policies and procedures regarding prohibiting any type of discrimination, harassment, and/or wrongful termination. Also ensure that proper documentation is completed involving any incidents, e.g., insubordination or other, with employees.
- Train all staff regarding the prohibition of discrimination, harassment, or wrongful termination and how to report any incident to their supervisor or through the facility’s Hotline.
- Periodically audit to determine if staff (including supervisors) are being trained regarding the prohibition of any type of discrimination, harassment, and wrongful termination.
FOR MORE INFORMATION ON THIS TOPIC view: HARASSMENT AND DISCRIMINATION IN THE WORKPLACE.
