In the Courts: CNA Who Was Groped and Punched by Resident Fails to Succeed on Discrimination Claims
March 24, 2017 | Aging Services Risk, Quality, & Safety Guidance
In a case brought by a former certified nursing assistant (CNA) who was called racial epithets, groped, and punched by a resident with dementia, the U.S. district court for the southern district of Mississippi, southern division, has found that the nursing home did not create a hostile work environment, engage in racial or gender discrimination, or retaliate against the employee. The court ruled in favor of the nursing home as a matter of law and dismissed the plaintiff's claims.
According to the plaintiff, who is black, the white male resident sexually and racially harassed her and other employees. His diagnoses included dementia, Parkinson disease, traumatic brain injury, and personality disorder. About two and a half years after the plaintiff began working at the nursing home, the resident made sexually explicit comments and attempted to grope the plaintiff while she was dressing him. When she said "No" and moved away, he punched her left side. He then allegedly punched her two more times as she and other staff members transferred him from bed to wheelchair. The plaintiff refused to continue...