Federal court rules nurse’s discrimination complaint can proceed

| Aug 31, 2015 | Workplace Discrimination |

Californians may be interested to learn about an ongoing discrimination and retaliation case in Tennessee. In the case, a 53-year-old nurse is suing her former employer for age discrimination, disability discrimination and retaliatory action.

Reportedly, the woman suffered from visual impairments that made it difficult for her to drive at night. She requested a change from the evening shift to the day shift, and her employer initially granted the switch. She was later moved back to the even shift despite her objections. Reportedly, her supervisor told her that the nursing home where they worked was up for inspection and they wanted a younger nurse working when the inspection occurred during the daytime.

The woman filed a complaint with the Equal Employment Opportunity Commission, or EEOC. Four days later, her employer fired her. She then added a retaliation claim to her complaint, alleging that the firing was due to her filing a discrimination complaint and filed her case in federal court. The nursing home filed a motion for summary judgment, seeking dismissal of her case. In the court’s denial of the motion, the court indicated there was sufficient evidence for the matter to be decided by a jury for age discrimination, disability discrimination and for retaliation.

Workplace discrimination at companies across the country is a prevalent issue. When a person is discriminated against at work on the basis of a protected status, they may want to seek help from an employment law attorney. An attorney may be able to help with filing a complaint. They may then litigate on behalf of their client and file a case in federal court.

Source: National Law Review, “Discrimination and retaliation claims of nurse with night blindness may proceed, Tennessee federal court rules,” Michael Bertoncini, Aug. 24, 2015


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