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Gardner v. CLC of Pascagoula, LLC

Articles Discussing Case:

eLABORate: Fifth Circuit Finds Employer Liable for Harassment by Nonemployee with Diminished Capacity

Phelps Dunbar LLP • August 27, 2018
Title VII of the Civil Rights Act of 1964 (“ VII”) prohibits unlawful harassment in the workplace that is perpetrated by coworkers and supervisors. Such harassment, whether based on sex (including pregnancy), race, color, religion, national origin, age, disability or genetic information can expose employers to potentially expensive litigation and liability. However, it is important to remember that employers also can be liable for harassment from nonemployees. For example, a restaurant may be liable if it fails to address a customer’s sexual harassment of a waiter or waitress.

Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial

Jackson Lewis P.C. • August 01, 2018
A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner, a former assisted living facility certified nursing assistant who was allegedly harassed by a patient, can proceed with her hostile work environment claim to trial. The Court reversed the district court’s grant of summary judgment in favor of the employer.

Abusive Patient Creates Hostile Work Environment

Goldberg Segalla LLP • July 30, 2018
The customer isn’t necessarily always right. Neither is a patient. In Gardner v. CLC of Pascagoula, LLC, the Fifth Circuit Court analyzed an employer’s alleged failure to respond to a complaint of inappropriate actions of a patient in an assistant living facility.