Patrice McMahon sued her former employer in July 2024. She had worked for Nathan Littauer Hospital and Nursing Home in New York for more than 26 years, and was the vice-president of primary care services.
For more than a year, during 2023-2023, McMahon reported to the CEO that female employees were being sexually harassed, ignored, and isolated by male superiors, and that there were gender-based wage inequities in the workplace.
Her report was ignored, and no investigations ensued.
After her report, McMahon alleges she experienced immediate retaliation by having projects removed from her, being disinvited to a regular monthly meeting, and being urged to "consider retirement." She was quickly terminated, for what she alleges is the pretext of a lack of "alignment with strategic direction."
Kelly Gooch "Former New York Hospital Exec Claims CEO Ignored Age, Gender Discrimination" www.beckershospitalreview (Jul. 31, 2024).
Commentary
When a healthcare organization ignores a report of discrimination or harassment and fails to investigate, it creates a dangerous exposure.
Compounding that error is to retaliate against the person who reports discrimination or harassment – whether it be against them or if they are reporting on behalf of others, as in this case.
Negative employment actions – isolation, removal of projects, and termination – shortly after a report is made will tend to prove a plaintiff's retaliation claim. Retaliation is a separate claim from the underlying discrimination or harassment claim and can proceed even if the underlying claim should be determined to be without merit.
As part of board of director training, include training on the proper management of reports of discrimination, harassment, and other types of workplace misconduct.
