EMPLOYMENT HARASSMENT AND RETALIATION: Tennessee Court to Issue Verdict on Sexual Harassment and Retaliation Case of Female Nurse

February 17, 2011

McMinnville, Tennessee – A federal judge is expected to decide on a complaint filed by a female nurse against her employer, which stemmed from the company’s refusal to do anything to stop their male client from sexually harassing the female nurses assigned to assist him, and for firing the employee who complained about it.

Former Nurse One/Team One employee Renee Neal filed the civil lawsuit in September 2009, alleging that her employer required her to continue working as a home nurse for their client, Stanley Slatten, even after he had repeatedly groped and propositioned her and other female nurses who have worked for him in his home, according to court records.

The original complaint shows that Slatten verbally, physically, and sexually harassed Neal over the course of 10 months. Neal took care of him for 12 hours, two to three days a week. Court documents stated that in February 2006, her first day, Slatten grabbed the nurse’s breast and private area while asking for “sexual favors.”

In August, he threw a sex toy at Neal and loudly asked, “Why don’t you and [the other female nursing assistant assigned to him] use this?” There was also a time when he insisted nurses to wash his genitals repeatedly to the point of sexual stimulation, and asked them to get into bed and watch pornography with him.

Neal complained about Slatten’s behavior, but claimed that Nurse One only told her that they have to put up with it. After she complained and warned other female nurses about the conduct, she was required to make a letter of apology for Slatten and was fired after she sent it. Because the client only asked for female nursing assistants, Nurse One knowingly subjected their female employees to sexual harassment and a sexually hostile environment.

Nurse One’s attorneys denied the charges but acknowledged that in February 2006, the company had started providing health care for Slatten, who was morbidly obese at 800 pounds and had limited mobility. The company also said that Neal was fired for "outwardly discussing a patient's case with another employee, and a patient other than Slatten."

The lawsuit was filed by Neal and 25 other female nurses with the help of the Equal Employment Opportunity Commission (EEOC). US Federal Magistrate Bill Carter met with both parties Tuesday, but results of mediation were not available. EEOC is seeking back pay and for the court to “correct unlawful employment practices.”