Ex-UCLA Phlebotomist Awarded $1.6 Million in Harassment Lawsuit

Headshot of attorney George IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA Medical Center, Santa Monica, failed to investigate when supervisors harassed and insulted her and several other African-American employees. Additionally, she alleged that she was fired from her job as a phlebotomist after raising concerns about the issue, according to the verdict filed in  Los Angeles Superior Court.

Alleged Hostile Work Environment.

According to Birdnne’s complaint, she began working at UCLA Medical Center Santa Monica, as a phlebotomist in 2015. Shortly after, she claims coworkers made disparaging remarks about the color of her skin and racially […]

Former UCLA Phlebotomist Awarded Nearly $1.6 Million in Harassment Suit

Headshot of The Health Law Firm's attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 7, 2019, a jury awarded almost $1.6 million to a woman who alleged she was fired for complaining about coworker’s subjecting her to racial insults and discriminatory comments at her job. Nicole Birden claimed that UCLA Medical Center, Santa Monica, failed to investigate when supervisors harassed and insulted her and several other African-American employees. Additionally, she alleged that she was fired from her job as a phlebotomist after raising concerns about the issue, according to the verdict filed in  Los Angeles Superior Court.

Alleged Hostile Work Environment.

According to Birdnne’s complaint, she began working at UCLA Medical Center Santa Monica, as a phlebotomist in 2015. […]

Hey, Health Care Professionals…Why Can’t We Be Friends?!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Every year, our firm sponsors and attends various medical industry events. Needless to say, our law firm table is not the most popular hangout spot. If we had a penny for every time we have heard “Yikes, an attorney! I hope I never need you.” we could close our doors and all retire.

The feeling is akin to being the last kid picked for teams in gym class. So we ask ourselves: why are we attorneys shunned by health care professionals? Why won’t anyone make eye contact with us at meetings and events? Why is there a negative stigma attached to the phrase “law firm?”

We found the answer.

It’s Not Us. It’s You.

Before you take great offense to such a bold statement, hear me out. Society as a […]

Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer

2 Indest-2009-1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Johns Hopkins Health System agreed to shell out $190 million to more than 7,000 women and girls, in one of the largest settlements ever in the United States involving sexual misconduct by a physician.

A gynecologist, practicing in a Baltimore-based Johns Hopkins Hospital, one of the nation’s most prestigious medical institutions, was accused of using a tiny camera to secretly take videos and pictures of his patients. The doctor worked at the hospital for 25 years, but was fired after admitting to the misconduct and surrendering his recording devices to authorities.

This is a chilling example of how employers can be held responsible for “rogue” employees clearly not working under the consent of the employer. In general, employers have a responsibility to properly supervise their employees’ […]

By |2024-03-14T10:00:57-04:00June 1, 2018|Categories: Health Care Industry, In the News, The Health Law Firm Blog|Tags: , , , , , , , , , , , , |Comments Off on Sexual Misconduct by Rogue Employees Can Cost Big Money: Your Responsibility as an Employer

Nursing Home Chain Hit With $1.5 Million Verdict in Sex Discrimination Lawsuit as Jury Sides with Former Employee

IndestBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 2, 2017, a former elder care facility executive was awarded a $1.5 million verdict by a federal jury in Washington state. Irene Riggs claims she was fired for complaining about the “sexually charged” environment created by a supervisor’s inappropriate conduct with a nurse. After a three-day trial, the jury awarded her over $232,000 in lost wages up to the date of trial, nearly $802,000 in future lost wages and $500,000 for loss of enjoyment of life after she was fired by Tennessee-based Life Care Centers of America Inc. (Life Care).

Alleged Sex Discrimination.

In her suit, the plaintiff alleged that she was subjected to a “sexually charged atmosphere” by a regional vice president, who was her supervisor beginning in 2013, and a registered nurse with whom […]

Workers Can Be Fired For Using Marijuana Off-Duty

By Carole C. Schriefer, R.N., J.D., The Health Law Firm

Marijuana may be legal in Colorado, but you can still be fired for using it. Employers’ zero- tolerance drug policies trump Colorado’s medical marijuana laws, the Colorado Supreme Court ruled on Monday. In a 6-0 decision, the Supreme Court ruled that businesses can terminate an employee for the use of medical marijuana – even if it’s off-duty.

Coats v. Dish Network.

Brandon Coats became a quadriplegic after a car accident and has relied on medical marijuana to help with muscle spasms. Dish Network fired Coats after a failed drug test in 2010.  “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law,” company spokesman John Hall said in a statement.  To read about the Coats v. Dish Network case in its entirety, click here.

What […]

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