A Burlington Nursing Home Is Heading to Trial for Allegedly Letting Residents Harass Black Staff for Months

Burlington, Vermont — A federal judge has cleared the way for a civil rights trial against Elderwood at Burlington, a one-star nursing home accused of allowing white residents to racially harass Black employees for months without stepping in.

The U.S. Equal Employment Opportunity Commission filed suit in 2022, alleging that six Black staff members endured repeated verbal and physical assaults rooted in race. Supervisors were informed, according to the complaint, but the facility failed to act swiftly or effectively to stop it.

In March, Chief District Judge Christina Reiss denied the operator’s request to dismiss the case without a trial. The jury draw is now set for December 7, with the trial expected to begin shortly after. The facility is operated by 98 Starr Road Operating Co., LLC and Elderwood Administrative Services LLC, companies owned by Jeffery Rubin and Warren Cole, according to federal ownership records.

Elderwood’s defense argued that nursing home leaders were constrained by federal and state regulations barring them from restraining or removing residents. But Reiss noted that Vermont law does permit involuntary discharge or restraint when a resident poses a safety threat to others. The court concluded that a reasonable jury could find the work environment was objectively hostile and that management did not take adequate steps to fix it.

The case is not the facility’s first brush with federal scrutiny. In 2021, regulators found Elderwood at Burlington failed to provide adequate care during a COVID-19 outbreak. The facility currently carries a one-star rating from CMS due to below-average staffing, inspection results, and quality measures.

The EEOC is seeking financial relief for the affected workers and a court order requiring the facility to adopt and enforce anti-discrimination policies. The implications stretch beyond one Burlington facility. If the commission wins at trial, it could set a precedent for how nursing homes across the country handle resident-on-staff harassment — a problem that workers’ advocates say remains far too common.

Neither the EEOC nor Elderwood’s legal team commented on the active case. Vermont’s Department of Disabilities, Aging and Independent Living, which oversees long-term care in the state, declined to address the specifics but stated that the agency is committed to the safety of both residents and the workforce that cares for them.