On Thursday, April 20, 2017, a federal court jury found Generations Healthcare Network at Oakton Pavillion, LLC, a Des Plaines nursing home, liable for firing its former Director of Nursing because she had breast cancer. The jury awarded $400,000 in damages for emotional injuries, one of the largest such awards in Illinois under the Americans with Disabilities Act. The Plaintiff alleged that when Generations found out she had cancer in June of 2014, it immediately began a hunt for her replacement. Generations purchased the nursing facility on September 1, 2014 and just 10 days later, the Plaintiff was fired. Immediately after the Plaintiff was fired the administrator of the facility, told the staff that the Director of Nursing was let go because of her health.
A jury of seven deliberated four hours before finding that Generations actions violate both federal and state laws protecting people from being discriminated against because of a disability such as cancer.
One of the attorneys for the Plaintiff, Jeffrey Taren, with MacDonald Hoague & Bayless stated: “This case shows that cancer survivors continue to face discrimination in the workplace. This verdict is proof that women like the Plaintiff, who stand up for their rights, can obtain justice.”