Former Hays VA nurse settles discrimination suit
By KALEY CONNER
kconner@dailynews.net
A settlement has been reached in U.S. District Court mediation after a local woman filed a lawsuit against the U.S. Department of Veterans Affairs, alleging her termination was because of pregnancy.
Leann Zimmerman, Hays, was fired from the VA's Hays Outpatient Clinic, 207 E. Seventh, in January 2007 after about eight years of employment as a nurse practitioner.
Zimmerman's attorney, Karen Couch, Salina, said last week she and her client were pleased with the resolution, though no terms or conditions could be disclosed.
"We are pleased that we have resolved this matter," Couch said. "We believe that we've come to a fair resolution in the case."
Couch said the lawsuit was filed in spring 2008.
The defense was represented by Connie DeArmond with the Wichita U.S. Attorney's Office, who declined to comment.
According to court documents, Zimmerman's supervisor, Suzanne Spurgeon, learned of Zimmerman's pregnancy in November 2005. Both sides agree that's when their working relationship began to deteriorate.
Spurgeon had taken over as nurse manager and community-based outpatient clinic coordinator in September 2005 and supervised almost 30 employees, including Zimmerman.
According to a court document, Spurgeon told her supervisors Zimmerman was "unprofessional and insubordinate." A written counseling memo was issued to Zimmerman on Dec. 21, 2005.
Zimmerman filed a claim of discrimination against Spurgeon with the VA office of resolution management on Jan. 4, 2006, and requested to be placed under a different supervisor. Her complaint was unsuccessful.
Zimmerman gave birth to a baby boy in February 2006 and returned to work about a month later.
She filed another complaint alleging age discrimination on April 18.
A proposed reprimand was issued by the VA to Zimmerman on May 10 and later modified to an admonishment. A September 2006 performance evaluation yielded a "satisfactory" rating for Zimmerman, which is two categories below the rating she had received in November 2005.
The record indicates Zimmerman continuously received "outstanding" evaluations and received awards for her performance.
According to court documents, employees claim Zimmerman used "abusive language" toward them. The defense also alleges Zimmerman contributed to a "hostile work environment," missed mandatory meetings and sent hostile e-mails to supervisors.
Zimmerman was terminated following the recommendation of an appointed board of investigation.