Nurse files age discrimination lawsuit after being asked to resign

Michelle Keahey, East Texas Bureau Feb. 20, 2012, 9:42am


MARSHALL - An assistant director of nursing for a Tyler nursing home has filed an age discrimination lawsuit against her former employer after she was asked to resign her position.

Glinda Hutchings filed suit against MSHC Bonner Street Plaza on Feb. 14 in the Eastern District of Texas, Marshall Division.

For approximately the past 19 years, Hutchings has worked as the assistant Director of Nursing for MSHC Bonner Street Plaza, which is a nursing home.

According to the lawsuit, Hutchings was summoned to a hotel in order to meet the director of nursing. The director explained some issues regarding errors committed by two other nurses and a medication aide, which did not involve Hutchings.

Hutchings states that she was asked to resign her position and she was offered a severance package. The acting administrator for the facility allegedly told Hutchings, "we are going to make you a deal and at your age, you ought to run with it."

Hutchings refused to resign her position and states that later that night she received phone calls from other employees who stated that they were told Hutchings resigned due to her age and health.

At the time of her termination, Hutchings was 62 years old. According to the suit, she was replaced by a younger employee.

The defendant is accused of failing to equalize conditions of employment for Hutchings as contrasted with comparably trained and qualified younger employees and for adopting unreasonable and arbitrary standards of employment and advancement designed to discriminate against Hutchings.

The plaintiff is asking the court for an award of damages for back pay, front pay, interest, liquidated damages, mental distress, emotional pain and suffering, disappointment, indignation, shame, despair and public humiliation, inconvenience, punitive damages, attorney's fees and court costs.

A jury trial is requested.

Hutchings is represented by Tyler attorney William S. Hommel Jr.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:12-cv-00074

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