Nurse files racial discrimination lawsuit against Longview Healthcare Center

TYLER - A nurse for a Longview facility has filed a racial discrimination lawsuit that claims she was fired in retaliation for filing a complaint with the Equal Employment Opportunity Commission.

Yvette Shelton filed suit against IHS Acquisition No. 138, doing business as Heritage at Longview Healthcare Center on April 25 in the Eastern District of Texas, Tyler Division.

Shelton, an African-American woman, began working as a charge nurse for Heritage in October 2004 and as a wound care manager in January 2007.

She states that she filed a Charge of Discrimination with the EEOC in early 2010 because of racial discrimination. By the summer of 2010, she had withdrawn the complaint because one of the persons she claimed was discriminating against her was fired and the other person was allowed to resign.

However, Shelton claims she was fired on March 29, 2011, in retaliation for filing the discrimination complaint, according to the lawsuit.

Heritage told Shelton she was fired for not performing her duties, for an incident involving a resident leaving the facility and for causing a problem with a co-employee.

The plaintiff is asking the court for an award of damages for back pay, front pay, reinstatement, restoration of lost benefits, compensatory damages for humiliation, embarrassment, emotional distress, mental pain and suffering and damage to her reputation, punitive damages, interest, court costs and attorney's fees.

Shelton is represented by Curtis B. Stuckey of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches. A jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:12-cv-00284