A nurse recently won a $41 million jury verdict in her discrimination and wrongful termination lawsuit against Kaiser Permanente, a health care provider based in Oakland, Calif.
In 2021, the former charge nurse in the neonatal intensive care unit at Kaiser Permanente Woodland Hills Medical Center in Los Angeles sued Kaiser Foundation Hospitals and Kaiser Foundation Health Plan for age discrimination, age harassment, disability discrimination, failure to accommodate a disability, failure to engage in the interactive process, retaliation in violation of California's anti-discrimination law, failure to prevent discrimination, wrongful termination, whistleblower retaliation and intentional infliction of emotional distress.
The charge nurse was fired in 2019. She said a supervisor and other employees made multiple comments about her age, including comments about retirement and statements implying she was taking advantage of younger employees. Kaiser said these were isolated, offhand comments that didn't amount to harassment.
Kaiser argued that the plaintiff was not performing her job satisfactorily and could not prove that her age and/or disability caused her termination. It claimed the plaintiff violated company policies by sitting in a patient chair in the NICU while using her personal cellphone and placing her bare feet on an isolette that was holding a sick newborn baby, according to court documents.
Kaiser also argued that disability was not a factor in the plaintiff's...
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