Health Center That Ordered Male Technician’s Firing Settles Title VII Lawsuit Filed by EEOC

The other legal shoe has dropped in a gender discrimination lawsuit the Equal Employment Opportunity Commission filed on behalf of a man who was fired from his job as an ultrasound because of his gender.

The EEOC announced settlement on Thursday of this lawsuit against Nevada Health Centers, which agreed to pay $35,000 to close the litigation.

According to the EEOC’s suit, from 2010 to 2013, Nevada Health Centers and Ultracare Las Vegas had a service contract whereby the placement agency Ultracare provided Nevada Health with ultra­sound technicians. In November 2012, Ultracare hired David Matlock as an ultrasound technician and placed him at Nevada Health. Within weeks of his placement, Nevada Health asked Ultracare to remove Mr. Matlock solely because of his gender. Ultracare complied with Nevada Health’s request and terminated Matlock’s employment at Nevada Health in the first week of January 2013.

The EEOC filed suit in June 2016, charging that Nevada Health and Ultracare terminated David Matlock because of his gender in violation of Title VII of the Civil Rights Act of 1964 [EEOC v. Nevada Health Centers, Inc, Ultracare Las Vegas, Case No. 2:16-cv-01495-JAD-PAL]. Ultracare entered into a settlement agreement with the EEOC for $15,000, which was approved by the Court on March 20. The court approved the consent decree as to the remaining defendant, Nevada Health Centers, on July 6.

In addition to monetary relief, Nevada Health will implement injunctive relief focused on ensuring equal employment opportunities for its employees, regardless of gender. The company agreed to review and revise its anti-discrimination policy to ensure it prohibits discrimination and contains a process for prompt handling of discrimination complaints. Nevada Health also agreed train its manage­ment on the importance of non-discrimination in the recruitment and hiring of its employees, and further agreed to report any gender discrimination complaints and provide reports on its recruitment and hiring practices. The EEOC will monitor compliance with the two-and-a-half-year decree.

“Outdated stereotypes in the health care industry cannot be used to categorically exclude emp­loyees from certain jobs based on gender,” said Anna Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Las Vegas in its jurisdiction.

Christine Park-Gonzalez, acting local director of the EEOC’s Las Vegas Local Office, added, “Employers have an obligation to comply with the prohibition on sex discrimination in federal law and should examine their practices to ensure that gender bias is not impacting employment decisions.”

According to its website, www.nevadahealthcenters.org, Nevada Health Centers is a non-profit organization that provides 15 health center locations and mobile service providers throughout Nevada.

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