Filed Date: Sept. 26, 2012
Closed Date: 2014
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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.
Summary Authors
Perry Miska (4/7/2014)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4322104/parties/equal-employment-opportunity-commission-v-the-silvercrest-center-for/
Gershon, Nina (New York)
Adams, Raechel (New York)
Grossman, Elizabeth (New York)
Daub, Tara L. Eyer (New York)
Kantor, Alesia J. (New York)
Gershon, Nina (New York)
Mann, Roanne L. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4322104/equal-employment-opportunity-commission-v-the-silvercrest-center-for/
Last updated April 3, 2024, 3:01 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 26, 2012
Closing Date: 2014
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The Silvercrest Center for Nursing and Rehabilitation, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 25,000
Order Duration: 2013 - 2015
Content of Injunction:
Develop anti-discrimination policy
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Issues
Disability and Disability Rights:
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
EEOC-centric: