Edna Yarashevich, a nurse at Rancho Los Amigos National Rehabilitation Center, has tentatively settled her sexual harassment and whistleblower lawsuit against the hospital.
The lawsuit, filed in Los Angeles Superior Court, alleged that Yarashevich faced retaliation when she complained to a managing nurse about a doctor's unwelcome and inappropriate behavior.
The lawsuit, which has now reached a conditional settlement, contained allegations that Yarashevich endured months of sexual harassment by her supervisor, Dr. Sebo Amirkhanian, a doctor at the rehabilitation center. The details of the harassment were not fully disclosed, but the persistence and severity of the alleged behavior were significant enough to prompt legal action.
Dr. Amirkhanian made news headlines last year as LA county's highest paid official. Rancho Los Amigos National Rehabilitation Center, located in Downey, California, is a major hospital serving people with disabilities. The center has faced legal challenges in the past, including a successful fight against its closure led by disability rights advocates.
One of the most troubling aspects of this case was the reported response when Yarashevich attempted to report the harassment.
According to the allegations in the lawsuit, when she complained to a managing nurse about the doctor's behavior, she was dismissively told, "Oh, he is just having his PMS."
Following her complaints, Yarashevich claims she faced retaliation, a common fear that often prevents employees from reporting misconduct. The lawsuit stated that she was subjected to multiple reassignments within the facility, which left her feeling isolated.
Commentary
The above source describes the alleged harassment as persistent and severe. To prove sexual harassment, a complainant must show that the harassment was either "severe or pervasive"
"Severe or pervasive sexual harassment" refers to conduct that significantly alters the conditions of employment and creates a work environment that is hostile, intimidating, offensive, oppressive, or abusive. This type of harassment can be evaluated based on several factors:
- The specific actions or behaviors that constitute harassment.
- How often and over what period of time the conduct occurred.
- The context in which the conduct took place.
- Whether the conduct involved physically threatening or humiliating actions.
To be considered "pervasive," the harassment must be more than occasional, isolated, or trivial incidents. It must be sufficiently frequent and widespread to create a hostile work environment. On the other hand, "severe" harassment can be a single incident if it is particularly egregious or harmful. And, when a supervisor is the accused, the employer can face strict liability for negative employment actions suffered by the victim.
The final takeaway is that the conduct must be such that a reasonable person subjected to it would find that it significantly altered their working conditions, making it more difficult to perform their job.
Sources: https://nurse.org/news/rancho-los-amigos-whistleblower-lawsuit-settlement/ and https://www.eeoc.gov/harassment
