African American Employee Promoted to Director But Allegedly Fired When Original Director Returns

David ManesLawsuits & Press Releases

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Employee Files Lawsuit against Guardian Elder Care for Race Discrimination

Virginia, an African American, started her position as Care Plan Coordinator in October 2013. A year later, Virginia approached her supervising administration officer and asked to transfer to the new administration department. According to Virginia, her supervisor didn’t think she was ready for the position. But those following months, Virginia took on responsibilities of that position while a temporary worker filled the role.

In May 2015, a white employee was hired to fill the registered nurse assistant coordinator of new admission. Virginia recalls that she was asked to train the new hire. Although Virginia had never officially held the role, she had been doing associated responsibilities for eight months. Then, in September 2015, when another similar position was advertised online, Virginia checked with her supervisor to ask if she should apply. Her supervisor allegedly told Virginia not to apply because she was essentially already doing that job. Virginia then asked why she was not being paid accordingly because she knew that the role paid more and that the white employee in the same position received more than she did. Despite this conversation, Virginia’s pay was not adjusted.

Then, in May 2016, Virginia’s supervisor wrote her up allegedly for her work performance. Two other women in similar roles with similar work performance were not written up, but Virginia noted that these two women were Caucasian. Two weeks later, Virginia was placed on a Performance Improvement Plan. Soon after, Virginia’s supervisor was terminated because too many employees had filed complaints against her.

The work environment improved for Virginia. And when the director of nursing was transferred to another facility, Virginia received a promotion to director of nursing at her location. Two months later, the original director returned to her role at Virginia’s location, and five days after the original director’s return, Virginia was terminated. Guardian Elder Care allegedly gave the reason that Virginia was terminated because she was unable to perform her job.

Due to the previous incidents of racial discrimination throughout the years, Virginia suspects that she was terminated because she is African American. As a client of KM&A, Virginia is fighting for her employee rights. KM&A advocates for employees like Virginia who have experienced discrimination and termination due to their race.

 

Full text of this complaint, as filed with the District Court for the Eastern District of Pennsylvania, is available at docket no: 2:18-cv-00096-TJS

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Anthony Giletto at 215-475-3516 or at ag@lawkm.com.

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.