Former Kaiser employee, Janice Manning has filed a lawsuit against Kaiser Permanente and the Unit Assistant responsible for training her, Juan Hernandez, following allegations that she was sexually harassed by Hernandez and retaliated against by Kaiser for complaining about it.
“In or around 2009, defendant Hernandez approached plaintiff, without any provocation, and directed plaintiff to look at his genitals,” according to Manning’s complaint.
Manning claims that “Hernandez had also subjected other Kaiser female employees to such harassment, however, when those women reported his conduct, Kaiser never investigated or took any steps to remedy the situation.”
In 2010 Manning’s husband was hospitalized with heart disease and she needed to take time off to care for him in line with the Family Medical Leave Act. She submitted the FMLA request to Kaiser and took off November 24th and December 1, 2010.
Kaiser fired her on Dec. 16, 2010 “because she allegedly called out sick” on those 2 days. She told her boss that she had not called in sick; she had taken FMLA leave, but Kaiser fired her anyway.
Manning claims Kaiser fired her “on the basis of her sex, in retaliation for complaining about the sexual harassment … [and] because she needed to have FMLA leave to take care of her husband and that defendant Kaiser found it more convenient to replace plaintiff with an employee that would not need FMLA leave.”
She seeks damages and punitive damages for sex discrimination, disability discrimination, harassment, failure to prevent discrimination and harassment, failure to accommodate, failure to engage in the interactive process, retaliation, wrongful termination and violation of the California Family Rights Act and Family Medical Leave Act.
If you have suffered discrimination or harassment in the workplace, please give my office, The Law Offices of Paul Mankin a call today at (877) 449-8898 for a free consultation.