Former employee sues Overland Park rehab hospital for sexual harassment, retaliation
A former executive assistant for the Rehabilitation Hospital of Overland Park has sued the hospital claiming she was sexually harassed and then forced out of her job in retaliation after reporting the harassment, according to a lawsuit.
Tracie Frank of Overland Park filed the lawsuit Wednesday in U.S. District Court in Kansas City, Kansas, against Heartland Rehabilitation Hospital LLC, which does business as Rehabilitation Hospital of Overland Park.
Frank seeks an unspecified amount in actual and punitive damages in the lawsuit for the alleged sexual harassment and retaliation.
According to the suit, Frank was hired in June 2018 as an executive assistant to the chief nursing officer with her primary duty to serve “as a liaison and central point of contact for the Facility CEO/Administrator.” She previously worked at Stormont Vail Hospital in Topeka, last holding the position of business coordinator.
But soon after being hired, her job duties changed to where staffing and scheduling became her primary duty, according to the suit.
During her employment, Frank contends that she was subjected to unwelcomed sexual advances and sexual comments by her co-worker, Adrial Robinson, who was the director of quality assurance.
Messages left with the hospital and a phone number listed for Robinson seeking comment were not returned before publication time.
In the lawsuit, Frank contends that prior to her hiring, other women had complained about sexual harassment by Robinson and John Hughes, the hospital’s chief executive officer. The hospital allegedly failed to investigate those complaints, which occurred between 2014 and 2017, or take measures in response, according to the lawsuit.
In one instance, Hughes allegedly responded to a woman’s complaint by saying, “That’s ‘Dre’ (Robinson’s nickname), for you. He’s just being a man...,” according to the suit. The hospital took no remedial actions to prevent further harassment, according to the suit.
Robinson, whose office was adjacent to Frank’s, frequently made offensive comments to her, according to the suit. Robinson also made comments about the clothing she was wearing and “would stare at her, looking her up and down,” Frank contends in the suit.
“These included comments such as, ‘Nice shirt,’ while undressing her with his eyes, and, “You can’t miss those bad boys!” referring to her breasts,” the suit said.
Frank contends that she told Robinson that his comments were unwelcomed and offensive. She would try to avoid contact with him by keeping her office door closed.
By April 2019, Frank contends she felt uncomfortable around him. That same month, Frank’s supervisor gave her a document titled “Last Chance Agreement,” which was described as a performance improvement plan. Frank contends she had no prior write-ups.
The plan was merely a forced change to the staffing and scheduling coordinator position previously held by another employee, she contends.
In July 2019, Frank talked to her supervisor about how her job duties were different than what she was recruited for. Her supervisor told Frank she would cancel the disciplinary proceedings if she left the position. At that meeting, Frank told her supervisor she was looking for other employment.
In August 2019, Frank reported to human resources that Robinson was engaging in sexually offensive conduct towards her. The last week of that month, Frank’s supervisor allegedly said she had until mid-September to find another job or be terminated.
Frank contends that the hospital “finally terminated Robinson after a campaign of harassment against female employees at RHOP (Rehabilitation Hospital of Overland Park) that had lasted years.”
Frank’s supervisor was fired in October 2019 for “engaging in bullying and harassment of female employees under her supervision,” according to the suit.
Frank contends that Robinson created an intimidating, hostile and offensive work environment by his alleged sex discrimination and harassment. She also contends the hospital was negligent in failing to investigate and take action regarding prior reports of sexual harassment by him and by Hughes.
The hospital retaliated against her by forcing her out of her job prematurely after she complained about the sexual harassment, Frank contends.
