5th Circuit Reinstates Harassment Suit By Nurse Attacked By Resident

Mealey's (July 12, 2018, 11:00 AM EDT) -- NEW ORLEANS — A former assisted living nursing assistant who was grabbed and punched multiple times by a resident may proceed with her sexual harassment suit against her former employer as a jury could find that the type and frequency of the behavior and the impact on the assistant’s employment were “sufficient to allow a finding that a reasonable caregiver on the receiving end of the harassment would have viewed it as sufficiently severe or pervasive even considering the medical condition of the harasser,” a Fifth Circuit U.S. Court of Appeals panel ruled June 29 (Kymberli Gardner v. CLC of Pascagoula, L.L.C., No. 17-60072, 5th Cir., 2018 U.S. App. LEXIS 17939)....