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Court rules nurse's discrimination case can proceed

New York employees may be interested to learn that a Tennessee court allowed a nurse to proceed with her disability and age discrimination case against a nursing home where she had previously been employed. The lawsuit was filed after the nurse was terminated from her job.

The nurse was reportedly hired as a licensed practical nurse at a nursing home in 1998 when she was 53 years old. Although she initially worked during the evening shift, she was moved to the day shift two years later after alerting her employers that she had trouble driving at night due to poor night vision. In late 2012, she was moved back to the evening shift. After lodging a complaint with the EEOC, the nursing home reportedly fired her in January 2013.

In the lawsuit, the nurse stated that the nursing hospital moved her back to the evening shift because it needed a younger nurse on staff during the day shift during the state review. The court determined that, if this evidence was creditable, it could be used to demonstrate the age discrimination. The court had already determined that the nurse was suffering from night blindness. Additionally, it was also determined that the temporal proximity between the filing of the complaint with the EEOC and the nurse's termination was enough to potentially connect the two.

Employment discrimination based on age or disability is generally a violation of federal law. If an employee is denied promotions or is fired on that basis, an attorney may assist by filing a discrimination claim with the appropriate agency as the first step towards initiating a private lawsuit seeking compensation for the damages that have been incurred.

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