Chicago, IL – The law firms Kulwin, Masciopinto & Kulwin, LLP and Stephan Zouras, LLP represent female workers in a class action lawsuit brought against DaVita Dialysis, Satellite Dialysis of Glenview L.L.C. and Clinic Manager, Michael Klusmeyer for invasion of privacy and negligence.
The complaint alleges that, over the past two years, women who worked at the dialysis clinic in Glenview, Illinois had their privacy invaded repeatedly by Michael Klusmeyer who was the highest-ranked manager at the clinic when it was owned by Satellite and after DaVita acquired it in November 2018.
Although written policies implemented by Satellite and DaVita assured employees that they would be provided a reasonably safe and sexual harassment-free work environment, Michael Klusmeyer repeatedly violated those policies by, among other ways, harassing women who worked at the clinic and ultimately placing a motion-activated camera in the women’s bathroom to capture images of women undressing and using the bathroom.
According to the complaint, DaVita and Satellite were both aware of Klusmeyer’s conduct, including his sexually inappropriate and offensive harassing conduct with women at work, by observing his conduct and reports made by female employees.
The complaint contends that both DaVita and Satellite facilitated and permitted Klusmeyer’s misconduct by failing to take corrective measures against Klusmeyer before Plaintiffs and others were seriously injured by his conduct.
In response to receiving complaints from employees about Klusmeyer, upper management from both Satellite and later DaVita acknowledged that Klusmeyer’s misconduct was a problem. However, Klusmeyer was allowed to keep his job because upper management liked him and expressed sympathy for him because he was purportedly “close to retirement.”
The camera was discovered July 23, 2019 and Klusmeyer was arrested and charged with felony criminal conduct under the Illinois Criminal Code.
According to the complaint, Klusmeyer began placing the motion-activated camera in the women’s bathroom after he was promoted to Clinic Manager approximately two years ago. The complaint alleges that Klusmeyer encouraged women to use the restroom for ostensible work purposes so he could record them.
The complaint states that over 75 women were affected by DiVita and Satellite tolerating and permitting dangerous and inappropriate conduct in the workplace.
Plaintiffs are seeking relief individually and on behalf of all women exposed to Klusmeyer’s conduct of widespread and pervasive invasion of their privacy, along with DaVita and Satellite breaching their legal obligation to ensure a reasonably safe work environment for the women who worked at the clinic.