|
Getting your Trinity Audio player ready...
|
A nurse has filed a sexual harassment lawsuit against El Camino Hospital, alleging that she was assaulted by an employee at a retirement party in San Jose last year, but the hospital declined to investigate the incident because it occurred off-campus.
The lawsuit also claims that El Camino Hospital did not take action after the plaintiff reported that she was being “harassed” and “stalked” by her alleged attacker at work.
El Camino Health declined to comment on the allegations, but said it was aware of the lawsuit filed on April 28 and is treating it seriously.
“While we cannot comment on pending litigation, our organization does not tolerate harassment or misconduct. We are reviewing the matter and remain committed to maintaining a safe and respectful environment for all employees,” a spokesperson said in an emailed statement.
The lawsuit names Evyatar Nitzany, a former El Camino Hospital manager, as the alleged perpetrator of the sexual assault and as a defendant.
Nitzany is no longer employed at the hospital, according to El Camino Health.
Stuart Kirchik, an attorney representing Nitzany in the civil suit, claims that the sexual encounter between the plaintiff and his client was consensual. Kirchik says his client’s reputation and livelihood have been damaged by the plaintiff, and he plans to “vigorously defend” his client against the allegations.
Earlier this month, Nitzany was charged with sexual battery in connection to the alleged assault, following his arrest by the San Jose Police Department in October.
Marshall Hammons, an attorney representing Nitzany in the criminal case, said in an emailed statement that his client was innocent and has no criminal history.
Allegations of sexual assault and battery
According to the lawsuit, the plaintiff attended a retirement party with about 40 other people at a steakhouse in San Jose in March of last year. During the party, the plaintiff left the group to use the women’s restroom and was allegedly followed into a stall by Nitzany.
The lawsuit claims that the plaintiff yelled for Nitzany to get out, but he did not listen and instead locked the stall door. The lawsuit alleges that Nitzany pinned the nurse to the wall, pressed his lips against hers and grabbed her breast. Nitzany then exposed himself and asked the plaintiff to perform oral sex, the lawsuit said.
At one point, a coworker entered the restroom while the plaintiff was in it. She recounted in a police report that she heard “a loud noise and giggling” coming from a stall. The coworker called out the plaintiff’s name but received no response, she said.
In the police report, the plaintiff said that she was held against her will by Nitzany for about three minutes. She then was able to open the stall door and returned to the party, she said.
Two coworkers noticed the plaintiff was distressed when she rejoined the party, although she did not tell them why at the time, according to the lawsuit. Nitzany remained in the stall and asked the plaintiff to be a “watchdog” and to text him to let him know when it was clear to leave the restroom, the lawsuit said.
The police report includes screen shots of text messages between the plaintiff and Nitzany. In the messages, the plaintiff urges Nitzany to come out of the stall when a coworker was in the restroom, but he refused to do so.
The plaintiff was “hoping that he would be exposed,” the lawsuit said.
Allegations of failure to prevent sexual harassment
In the days and months afterwards, Nitzany allegedly pleaded with the plaintiff to not tell others what happened at the party, saying it would cause a scandal. The plaintiff “was overcome with anxiety, fear and felt intimidation with the situation,” the lawsuit said. Nitzany continued to “pester” the plaintiff and follow her around at work, the lawsuit alleges.
In late September, the plaintiff reached out to human resources at El Camino Hospital to share her concerns that she was being “harassed” and “stalked” by Nitzany. The lawsuit also says that the plaintiff informed HR of the alleged sexual assault that had occurred at the retirement party.
The plaintiff continued to reach out to HR in the days following, asking about the next steps but did not receive a response from the HR manager, the lawsuit said.
About two weeks later, the plaintiff had a follow-up meeting with the HR department and was told El Camino Hospital “would not pursue an investigation because the incident happened outside of work and Nitzany has not stalked or harassed (her) since September.”
The news caused the plaintiff to have a mental breakdown and suicidal thoughts, according to the lawsuit. On Oct. 18, the plaintiff was admitted to the hospital’s emergency room and placed on a mental health hold. She reported the alleged sexual assault to a nurse who then notified the police. Nitzany was arrested at the hospital that same day, the lawsuit said.
For the criminal case, Nitzany is facing charges of sexual battery, false imprisonment and indecent exposure, according to a Santa Clara County Superior Court filing on May 1.
The civil suit is seeking compensatory damages for mental and emotional distress as well as the recovery of attorney fees. “The (plaintiff) has sustained and continues to suffer humiliation, emotional distress, loss of reputation, and mental and physical pain and anguish,” the lawsuit said.
“El Camino Hospital ‘would not pursue an investigation because the incident happened outside of work'”
So it’s okay for an employee to engage in sexual harrassment of another employee as long as it isn’t on the employer’s property?
I am skeptical that HR of any modern-day organization is that stupidly ignorant. Unfortunately information available for this story seems rather lopsided.