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Plaintiff Alleges Nonprofit Hospital Failed to Prevent Sexual Harassment

NORTHERN CALIFORNIA RECORD

Wednesday, May 14, 2025

Plaintiff Alleges Nonprofit Hospital Failed to Prevent Sexual Harassment

State Court
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Santa Clara County Superior Court | Official Website

Kristienne Jimeno, a registered nurse, has filed a lawsuit against her former employer, El Camino Hospital, and her manager, Evyatar Nitzany, alleging severe misconduct including sexual harassment and assault. The complaint was lodged in the Superior Court of California, County of Santa Clara on April 28, 2025. Jimeno's accusations are directed at both the hospital and Nitzany for creating a hostile work environment that led to emotional distress and significant professional setbacks.

The case centers around an incident that occurred on March 1, 2024, during a retirement party at Morton’s The Steakhouse in San Jose. According to the complaint, Nitzany followed Jimeno into the women's restroom where he allegedly assaulted her by forcibly kissing her and making inappropriate advances. Despite Jimeno's protests and attempts to defuse the situation by alerting coworkers indirectly, Nitzany persisted in his behavior over subsequent months. He continued to harass Jimeno through messages and unwanted encounters at work, causing her significant anxiety and distress.

Jimeno claims that El Camino Hospital failed to take appropriate action after she reported the harassment to Human Resources. She alleges that HR dismissed her concerns because the initial incident occurred outside of work premises. This inaction prompted further psychological trauma for Jimeno as she felt unsafe continuing her employment under these conditions. Her efforts to seek justice included filing a charge with the California Civil Rights Department (CRD) on April 28, 2025, which resulted in a "Right to Sue" letter allowing her to pursue legal action.

In her lawsuit, Jimeno is seeking compensatory damages for lost wages and benefits due to the impact on her career progression. She also demands punitive damages aimed at deterring similar future conduct by holding both individual perpetrators and their employers accountable for failing to prevent workplace harassment. Additionally, she requests coverage of legal fees incurred during this process.

Representing Kristienne Jimeno are attorneys Joshua Gruenberg, Pamela Vallero, and Julia Aguilar from Gruenberg Law based in San Diego. The case is presided over by Judge M. Arechiga under Case No. 25CV464589.

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