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Nursing Assistant Fired for Smacking Groper’s Hands Lacks Suit

Dec. 2, 2022, 8:19 PM

A West Virginia skilled nursing facility defeated a retaliation lawsuit by a nursing assistant who was fired for smacking the hands of and scolding a patient with limited mental capacity when he repeatedly groped her.

Dorothy Bills’ actions weren’t protected under state job bias law, the US District Court for the Southern District of West Virginia said. She therefore can’t hold WVNH EMP LLC, which operates Worthington Healthcare Center, liable for retaliating against her for her alleged opposition to workplace sexual harassment, the court said.

Courts can look to cases decided under federal workplace discrimination law when analyzing claims under ...