Hey, Compliance Warriors and Bosses!
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Helia Healthcare, operating as Doctors Nursing Rehabilitation Center in Salem, Illinois. The federal lawsuit alleges multiple violations of employee rights, including sexual harassment, disability discrimination, and retaliation.
According to the EEOC, a licensed practical nurse at the rehabilitation center faced sexual harassment from the director of nursing, which included unwanted physical contact. The nurse reported this misconduct to management, exercising her right to a safe work environment.
In a separate incident, the same nurse requested a brief leave of absence for a planned foot surgery. Instead of accommodating this request, Helia Healthcare allegedly told the employee that her only option was to resign and then reapply for her position if it remained available. This response potentially violates the Americans with Disabilities Act, which protects employees from discrimination based on disability.
The situation escalated when the nurse expressed her belief that the company’s failure to accommodate her medical leave was retaliation for her sexual harassment complaints. In response, Helia Healthcare reportedly banned her from the premises, further complicating the legal issues at hand.
Gregory Gochanour, regional attorney of the EEOC’s Chicago office, emphasized the importance of employee rights, stating, “Employees should not have to fear losing their jobs when they exercise their rights under the law.” He added that workers have the right to report sexual harassment and request reasonable accommodations for disabilities without fear of reprisal.
Amrith Aakre, district director of the EEOC’s Chicago office, reminded employers of their legal obligations, saying, “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.”
The EEOC filed the lawsuit (EEOC v. Helia Healthcare d/b/a Doctors Nursing Rehabilitation Center, Civil Action No. 3:24-cv-02152) in the U.S. District Court for the Northern District of Illinois after attempts to reach a pre-litigation settlement through its administrative conciliation process were unsuccessful.
This case serves as a reminder to all employers about the importance of maintaining a workplace free from discrimination and harassment, as well as the need to properly handle accommodation requests for employees with disabilities. It also underscores the EEOC’s commitment to enforcing federal laws that protect workers’ rights and ensure equal opportunities in the workplace.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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