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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