A Kansas nursing home is facing a lawsuit from a former employee who claims he was fired in retaliation for reporting sexual harassment of female certified nursing assistants (CNAs) by male residents. The plaintiff worked at the facility from 2018 to 2023.
According to the lawsuit, the plaintiff witnessed multiple instances of female CNAs being sexually harassed by male residents. He described incidents of inappropriate physical contact and sexual language directed at the CNAs.
In February 2023, the plaintiff reported the harassment to administrators, but was allegedly told that it was “part of the job” and that male residents had the right to behave as they wished in their own home. Later that day, when the plaintiff asked one administrator if any action could be taken, he was told no.
On another occasion, the plaintiff raised the issue with the chief operating officer and the regional vice president in the presence of an administrator. Although they said the matter would be investigated, the administrator allegedly responded that they had already discussed the issue.
The following day, the plaintiff was written up for smoking in a non-designated area, despite having smoked there during previous shifts. Prior to this, he had been written up only once—during the COVID-19 pandemic in 2020 for not wearing a mask.
Soon after, the plaintiff was removed from all his scheduled shifts. When he inquired about the change, the staffing coordinator did not respond. Later that day, the director of nursing placed him on suspension pending an investigation, without providing a reason.
Four days later, the plaintiff was informed he would be terminated. He and his legal team are seeking at least $50,000 in damages.
Compliance Perspective
Issue
Retaliation against employees for reporting harassment, including sexual harassment, can violate federal civil rights laws. It is essential for nursing homes to address harassment and ensure that employees feel safe reporting such incidents without fear of retaliation.
Discussion Points
- Review and update policies to prevent sexual harassment of both employees and residents. Ensure clear protocols are in place for addressing inappropriate behavior and reporting incidents of harassment.
- Train staff on recognizing, addressing, and reporting harassment, and on their rights to work in a non-hostile environment. Staff should understand how to report incidents through proper channels without fear of retaliation.
- Conduct anonymous surveys or audits to assess whether staff feel safe from harassment and retaliation. Regularly review and ensure that all harassment complaints are investigated and handled according to the facility’s policies.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
