Two lawsuits have been filed against a rehabilitation center in Bainbridge Island alleging a sexually hostile work environment, withholding wages and other improprieties.
The suits were filed in King County Superior Court by BI attorney John Du Wors on behalf of plaintiffs Jennifer Hanks and Rachel Brandt against Eagle Harbor Heathcare LLC and others. The two worked at BI Health & Rehabilitation, a residential facility for short-term rehab and long-term care, mostly for elderly residents.
The company didn’t return emails or phone calls asking for comment. But despite what the lawsuit claims, Medicare.gov gives the facility five stars on quality measures, and four stars each for staffing and health inspections. During its last inspection in September of 2023, there were nine health citations, but the average statewide is 16.1. It adds that nursing staff turnover is 46%, but the national average is 49% and the state average 51.5%
One suit says Hanks, a certified nursing assistant, fell into disfavor with the company by opposing alleged illegal practices. It also says she took protected family leave to care for her father who was dying of cancer, and the company stripped her of employment benefits and later terminated her. Defendants have refused to pay her accrued wages.
The facility previously was fined $117,000 by the Centers for Medicare and Medicaid Services in 2018 for failing to properly treat residents for pain and in one instance for not providing timely medication to a resident suffering infection, the lawsuits say. Another patient was put on hospice, but that care was discontinued. He later said he wanted to get back on hospice so he could receive pain meds. The survey done by the state Department of Social and Health Services also says residents missed doses and experienced periods of pain as the facility lacked the ability to refill pain meds in a timely manner.
Hanks noted that similar problems continue, along with understaffing due to cost cutting, which was a detriment to patient care, the lawsuits continue. Hanks also alleges the facility did not train her in some areas, and falsified paperwork to say she did. She also claims the facility provided unnecessary treatments and billed government programs such as Medicaid and Medicare.
The mother of three also claims sexual improprieties, such as an employee patting her behind. She also says in the suit that employees sexually propositioned each other, and even had sexual relations.
The lawsuit continues saying when Hanks took Family and Medical Leave to deal with her father, the facility changed her work status from regular to “on-call” employee, which caused her to lose holiday and vacation pay. When terminated two months later, it was because she allegedly supplied a tobacco product to a patient. The suit claims that another employee did that.
In the lawsuit filed on behalf of Brandt, it claims the occupational therapist also was a victim of sexual harassment and saw mistreatment of patients. When she complained, she was demoted and eventually terminated. She also complained of an employee spanking the bottoms of other employees, along with sexually propositioning them. She was told she should date women rather than men, but Brandt rejected the overtures. She also alleges another employee had sexual relations with other workers.
Her lawsuit also alleges improper patient care, adding defendants reduced care to those whose care was not as profitable as others. Defendants also consolidated treatments into group therapy because that was cheaper. Brandt’s lawsuit says she suffered several medical conditions that led to her having to take leave, and that led to her being wrongfully terminated.
