A Hispanic certified nursing assistant is entitled to a trial on her claim that Medicalodges, Inc. unlawfully terminated her in violation of Title VII of the Civil Rights Act and 42 U.S.C. § 1981, a federal district court in Kansas ruled. A substantiated allegation of her abuse of a resident, based on an investigation, was a legitimate and nondiscriminatory reason for discharge, the court found. However, a reasonable jury could conclude that the investigation into the employee’s alleged abuse was unfair and contained procedural irregularities when compared with the employer’s treatment of two White employees who engaged in similar misconduct, ...
