A former Filipino employee of a nursing home in Van Nuys has been instructed by a judge to resolve her claims of harassment, discrimination, and retaliation through arbitration. The plaintiff, Cynthia Batac, alleges that she faced mistreatment from a supervisor who deemed her “too old” and “too ethnic” and ignored her complaints about patient care issues.
Los Angeles Superior Court Judge Stephen I. Goorvitch approved the motion by Windsor Terrace Healthcare Center’s attorneys to compel Batac to pursue arbitration rather than a jury trial. The judge took note of an arbitration agreement that contained Batac’s printed name and signature.
“This arbitration agreement was included in the plaintiff’s personnel file, which is part of normal business procedures,” the judge stated. However, Batac did not address the issue of her signature in a sworn statement, where she claimed not to remember signing the document and stated that she would not have done so if its contents had been explained to her.
The judge considered these omissions significant and concluded that the plaintiff was evading the point. As a result, the case has been put on hold pending arbitration, and a status conference has been scheduled for March 4.
In her lawsuit, Batac alleges that her supervisor unjustifiably viewed her as “too old” and “too ethnic” and targeted her with harassment, discrimination, and retaliation when she advocated for herself during periods of excessive workload. Batac also believed that inadequate staffing at the facility had a detrimental effect on patient care.
The suit further claims that Batac experienced shock, distress, loss of appetite, sleeping difficulties, and illness following her termination in June 2021. She states that she was replaced with a younger individual who was not of Filipino descent.
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