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Former Employee Alleges Sexual Harassment Against Healthcare Company

COOK COUNTY RECORD

Sunday, November 24, 2024

Former Employee Alleges Sexual Harassment Against Healthcare Company

Federal Court
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A former employee has filed a lawsuit alleging severe sexual harassment and retaliatory termination against a healthcare management company. Yoraima Montalvo filed the complaint in the United States District Court for the Northern District of Illinois on September 11, 2024, accusing Pearl Healthcare Management, LLC d/b/a The Pearl of Crystal Lake of violating Title VII of the Civil Rights Act of 1964.

Montalvo, who worked as a Certified Nursing Assistant (CNA) from April to July 2024, claims she was subjected to persistent sexual harassment by a resident named Luis Rodriguez. According to the complaint, Rodriguez repeatedly attempted to touch her inappropriately during her shifts. When Montalvo resisted these advances, Rodriguez allegedly became violent, throwing feces and urine at her. Despite reporting these incidents to her supervisors and Human Resources multiple times, no effective action was taken to address or prevent the harassment. "I reported these incidents to Sunny, the Assistant Director of Nursing (ADON), in March 2024," Montalvo stated in her complaint. "She expressed sympathy but took no action to address the situation."

The complaint further alleges that other employees also experienced similar harassment from Rodriguez but avoided his room due to his aggressive behavior. When Montalvo escalated her concerns to Dina, the Director of Nursing, in June 2024, she was met with dismissive responses and was asked if she was refusing care. This lack of support continued even after Montalvo reported the harassment to Mario, the Human Resources Manager.

The situation reached a tipping point on July 20, 2024, when Montalvo's supervisor accompanied her to Rodriguez’s room. During this incident, Rodriguez spat on and hit both Montalvo and her supervisor. An agency nurse overheard Montalvo reacting verbally and reported it to Heather, the manager on duty. Subsequently, Montalvo was sent home and later terminated without clear communication regarding her employment status.

Montalvo's lawsuit includes three counts: violation of Title VII for sexual harassment, sex-based discrimination, and retaliation. She claims that Pearl Healthcare Management failed to conduct thorough investigations into her complaints or take necessary precautions to prevent further harassment. "Defendant’s response to Plaintiff's repeated reports of sexual harassment and physical violence was to retaliate against her by suspending her and terminating her employment," reads the complaint.

Montalvo is seeking various forms of relief from the court including back pay and benefits with interest, front pay and benefits, compensatory damages for emotional pain and suffering, injunctive relief, punitive damages, reasonable attorney’s fees and costs.

The case is being handled by Alexander J. Taylor from Sulaiman Law Group Ltd., while details about defense attorneys are not provided in the document. The case ID is 1:24-cv-08269.

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