U.S. Equal Employment Opportunity Commission v. Skilled Healthcare Group Inc., Skilled Healthcare LLC
Published: Nov. 14, 2009 | Result Date: Apr. 14, 2009 | Filing Date: Jan. 1, 1900 |Case number: CV05-6795-ABC-PLAc Settlement – Up to $450,000
Court
USDC Central
Attorneys
Plaintiff
Anna Y. Park
(U.S. Equal Employment Opportunity Commission)
Sue J. Noh
(U.S. Equal Employment Opportunity Commission)
Lorena Garcia-Bautista
(U.S. Equal Employment Opportunity Commission )
Defendant
Thomas G. Mackey
(Jackson Lewis PC)
Facts
A class of 53 Hispanic employees worked at nursing homes and assisted living centers for Skilled Healthcare Group Inc. and other defendants. One of the members, janitor Jose Zazueta, was fired from defendant's Royal Wood Care Center in Torrance for violating the company's English-only policy. The Equal Employment Opportunity Commission (EEOC) brought suit on the behalf of the class for national origin discrimination.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiff claimed that Hispanic employees were subject to harassment and different terms and conditions of employment than other employees. This included different terms of promotion and compensation. Also, company implementation of the English-only rule was only enforced against the class.
DEFENDANTS' CONTENTIONS:
The defendants claimed that no harassment or discrimination occurred. The language policy fully complied with all applicable laws. Moreover, employees are encouraged to speak with residents in a language that the residents understand.
Result
The parties entered into a consent decree in which defendants are to pay up to $450,000 and provide remedial relief to the plaintiffs such as offering English language classes, annual training regarding national origin discrimination, and training of facility residents. The defendant must also designate an Equal Employment Opportunity monitor for future complaints and report annually their employment practices to the EEOC.
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