Nursing assistant wins $307G in discrimination suit

MEDIA COURTHOUSE » An African-American nursing assistant has been awarded more than $307,000 after successfully suing the Chatham Acres Healthcare Group Inc. for discrimination and retaliation.

Porsha Barbosa received $123,161 for lost wages and benefits, as well as $184,000 for mental anguish under the decision handed down Dec. 21 by Delaware County Common Pleas Court Judge G. Michael Green.

“There is no more deserving person to receive this award and resulting vindication than out client,” attorney Mark Sereni stated in a release. “An Army veteran, a combat nurse and a devoted mother, Mrs. Barbosa demonstrated tremendous courage and indomitable strength in fighting against the evils of workplace injustice.”

Attorneys for Chatham Acres did not respond to a request for comment Wednesday.

Barbosa began working at Chatham Acres in June 2009 under Administrator Ellen Mountford and Supervisor Kelly Bowler, according to the decision.

The decision says Barbosa raised concerns about Bowler’s job performance with higher-ups at the facility, including issues with patients receiving medication on time.

On March 28, 2010, Barbosa finished her shift and returned to her car in the parking lot, only to find it had been smeared with feces. Barbosa reported the vandalism to Bowler and stated that she believed Bowler and/ or Amy Shank, an aide that Bowler was friendly with, were responsible, according to the decision.

As Barbosa was driving to the Pennsylvania State Police barracks in Avondale to file a report, she received a text message reading, “that’s y I put s--- on ur car n----,” according to the decision. Barbosa reported the vandalism and displayed the text message to a state trooper.

The trooper determined that Bowler was the subscriber for the Boost Mobile phone number that sent the message. Bowler reported the following day that her phone had been stolen.

Barbosa also reported the text and feces to Mountford on March 29, 2010, according to the decision. Shank confessed that she had been responsible for the feces and

was fired, according to the decision, but Barbosa was still concerned that Chatham Acres had not taken any action to discover who sent the text.

The decision says Barbosa asked to be transferred from Bowler’s supervision, but Chatham Acres did not honor that request. Barbosa did not work directly under Bowler again until April 24, 2010, when she allegedly saw Bowler near her car.

The decision says Barbosa took a five- to 10-minute break to move her car, which was supported by other witnesses, but Bowler reported

Barbosa had abandoned her post for 45 minutes.

Mountford launched an investigation regarding Barbosa’s actions April 24 that led to her termination, but

the court found Mountford was unable to identify any information at trial supporting Barbosa’s firing.

While Green found for Barbosa on the discrimination

and retaliation claims, he found in favor of the defendants on three other claims for defamation, invasion of privacy and concerted tortious conduct.