Case: EEOC v. The Silvercrest Center for Nursing and Rehabilitation

1:12-cv-04808 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 26, 2012

Closed Date: 2014

Clearinghouse coding complete

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 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 accommodat…

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)

People

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/


Judge(s)

Gershon, Nina (New York)

Mann, Roanne L. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Lepak, Thomas (New York)

Lopez, P. David (District of Columbia)

O'Brien, Michael J. (New York)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Daub, Tara L. Eyer (New York)

Judge(s)

Gershon, Nina (New York)

Mann, Roanne L. (New York)

Attorneys(s) for Plaintiff

Adams, Raechel (New York)

Grossman, Elizabeth (New York)

Lee, James L. (District of Columbia)

Lepak, Thomas (New York)

Lopez, P. David (District of Columbia)

O'Brien, Michael J. (New York)

Reams, Gwendolyn Young (District of Columbia)

Attorneys(s) for Defendant

Daub, Tara L. Eyer (New York)

Kantor, Alesia J. (New York)

Expert/Monitor/Master

Woodin, Peter (New York)

Documents in the Clearinghouse

Document

Docket

Jan. 7, 2014 Docket
1

Complaint - Jury Trial Demanded

Sept. 26, 2012 Complaint
19

Protective Order

July 9, 2013 Order/Opinion
33

Protective Order

Aug. 12, 2013 Order/Opinion
44

Consent Decree

Jan. 7, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4322104/equal-employment-opportunity-commission-v-the-silvercrest-center-for/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against The Silvercrest Center for Nursing and Rehabilitation Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 10/02/2012)

1 Civil Cover Sheet

View on PACER

Sept. 26, 2012 RECAP
2

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
3

REQUEST FOR WAIVER of Service sent to Alesia Kantor, as counsel for Defendant Silvercrest on 11/19/2012 by Equal Employment Opportunity Commission. Waiver of Service due by 12/26/2012. (O'Brien, Michael) (Entered: 12/03/2012)

Dec. 3, 2012 PACER

State / Territory: New York

Case Type(s):

Equal Employment

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):

EEOC Plaintiff

Attorney Organizations:

EEOC

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):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

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

Discrimination Prohibition

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

EEOC-centric:

Direct Suit on Merits