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Case Name EEOC v. The Silvercrest Center for Nursing and Rehabilitation EE-NY-0280
Docket / Court 1:12-cv-04808-NG-RLM ( E.D.N.Y. )
State/Territory New York
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On September 26, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a nursing assistant with a back injury, filed a lawsuit in the Eastern District Court of New York under the Americans with Disabilities Act of 1990 ("ADA"), against the Silvercrest Center for Nursing and ... read more >
On September 26, 2012, the Equal Employment Opportunity Commission ("EEOC"), on behalf of a nursing assistant with a back injury, filed a lawsuit in the Eastern District Court of New York under the Americans with Disabilities Act of 1990 ("ADA"), against the Silvercrest Center for Nursing and Rehabilitation. The EEOC sought injunctive relief, compensatory damages, punitive damages, and other forms of affirmative relief, claiming that the defendant: 1) refused to provide a reasonable accommodation to its employee by denying her request for medical leave after she had a back injury; and 2) denied her access to an interactive process required by the ADA by denying her the opportunity to communicate with her union.

The defendant hired the employee in this case as a nursing assistant in November 2009. In August 2010 she suffered a back injury as a result of a car accident. As a result, she was unable to lift, and therefore work, from August 2010 to December 1, 2010. She requested and was granted medical leave for this time period. After returning to work, she re-injured her back while on the job on December 25, 2010. As a result, she was unable to lift, and therefore work, until March 25, 2011. She tried to request medical leave and said she wanted to speak to her union but was terminated instead on January 24, 2011.

On July 9, 2013 and on August 12, 2013, the District Court (Magistrate Judge Roanne L. Mann) issued a protective order. On January 7, 2014, the District Court (Judge Nina Gershon) issued a consent decree where, among other things, the defendant had to pay the employee $25,000.

Perry Miska - 04/07/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Monitoring
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Retaliation Prohibition
Defendant-type
Hospital/Health Department
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) The Silvercrest Center for Nursing and Rehabilitation
Plaintiff Description Plaintiff is the EEOC on behalf of an employee who had a back injury and was denied the reasonable accommodation of medical leave despite having submitted a doctor's note and was denied access to her union.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2014
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:12-cv-04808-NG-RLM (E.D.N.Y.) 01/07/2014
EE-NY-0280-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint - Jury Trial Demanded 09/26/2012
EE-NY-0280-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Protective Order 07/09/2013 (E.D.N.Y.)
EE-NY-0280-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Protective Order 08/12/2013 (E.D.N.Y.)
EE-NY-0280-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/07/2014 (E.D.N.Y.)
EE-NY-0280-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gershon, Nina (E.D.N.Y., S.D.N.Y.) [Magistrate]
EE-NY-0280-0003 | EE-NY-0280-9000
Mann, Roanne L. (E.D.N.Y.) [Magistrate]
EE-NY-0280-0002 | EE-NY-0280-0004 | EE-NY-0280-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Raechel (New York)
EE-NY-0280-0001
Grossman, Elizabeth (New York)
EE-NY-0280-0001 | EE-NY-0280-0003
Lee, James L. (District of Columbia)
EE-NY-0280-0001
Lepak, Thomas (New York)
EE-NY-0280-9000
Lopez, P. David (District of Columbia)
EE-NY-0280-0001
O'Brien, Michael J. (New York)
EE-NY-0280-0001 | EE-NY-0280-9000
Reams, Gwendolyn Young (District of Columbia)
EE-NY-0280-0001
Defendant's Lawyers Daub, Tara L. Eyer (New York)
EE-NY-0280-0003 | EE-NY-0280-9000
Kantor, Alesia J. (New York)
EE-NY-0280-9000
Other Lawyers None on record

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