Nursing Home Operator SavaSeniorCare to Pay $150,000 in Sexual Harassment and Retaliation Settlement

Background
SavaSeniorCare, a skilled nursing facility operator, has agreed to pay $150,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) over allegations of sexual harassment and retaliation. The case involves the San Juan Living Center, a Sava-owned nursing home in Montrose, Colorado, where female employees reported ongoing sexual harassment by residents. Despite complaints to management, no corrective action was taken, and at least one employee was allegedly retaliated against for speaking up. The settlement includes financial compensation and workplace policy reforms aimed at preventing future incidents.

The Incident
According to the EEOC’s lawsuit, female employees at San Juan Living Center were repeatedly subjected to sexual harassment by residents. The reported misconduct included unwanted physical contact, such as groping of the breasts and buttocks, as well as sexual advances, inappropriate comments, and gestures. Employees repeatedly reported these incidents to both local and corporate management, but no meaningful action was taken to stop the harassment.

The lawsuit further alleges that one female employee who formally complained was suspended without pay and terminated shortly after raising concerns. The EEOC contended that this amounted to retaliation, violating federal employment laws designed to protect workers from discrimination and retribution.

Legal Background
The lawsuit, filed in the U.S. District Court for Colorado (Case No. 20-cv-03162), alleged violations of Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on sex, including sexual harassment. Title VII also protects employees from retaliation when they report unlawful workplace behavior.

Before filing the lawsuit, the EEOC attempted to resolve the dispute through prelitigation conciliation. However, when a resolution was not reached, legal action was taken to hold SavaSeniorCare accountable for failing to protect employees from harassment and for retaliating against an employee who reported misconduct.

Settlement and Relief
Under the terms of the settlement agreement, SavaSeniorCare will:

• Pay $150,000 in damages to the victims of sexual harassment and retaliation.
• If it resumes operations in Colorado, it must review and revise its anti-discrimination policies to explicitly address sexual harassment by residents.
• Provide mandatory training to employees in Colorado, focusing on recognizing and handling workplace harassment, including strategies for dealing with inappropriate resident behavior.

This settlement underscores the need for stronger policies to protect employees working in environments where they may be vulnerable to harassment from patients or residents.

Key Takeaways

1. Sexual Harassment Protections Extend to All Work Environments – Employees working in caregiving roles are entitled to a harassment-free workplace, even when misconduct comes from residents or clients.
2. Employers Are Responsible for Preventing Harassment – Organizations must take proactive steps to prevent and address workplace harassment, regardless of whether the harasser is an employee, customer, or resident.
3. Retaliation Is a Serious Violation of Employee Rights – Employers who punish workers for reporting harassment face legal consequences under federal law.

Conclusion
The resolution of this lawsuit highlights the importance of ensuring safe working conditions for all employees, particularly in healthcare and caregiving settings. By failing to act on repeated complaints, SavaSeniorCare exposed itself to legal liability and financial penalties. Moving forward, businesses must implement and enforce clear policies to protect employees from harassment and retaliation.

Recommendation: Sexual Harassment Training with TAP Series
To prevent similar incidents, nursing homes and other healthcare facilities should implement comprehensive sexual harassment training. The TAP Series offers industry-specific courses that teach employees how to identify, report, and prevent harassment in professional settings. Employers who invest in proactive training help create safer work environments while reducing legal risks.