Worker Says She Had No Privacy During Exam

     EDWARDSVILLE, Ill. (CN) – An employee of Alberici Constructors was forced to take off her clothes in front of a male co-worker during a medical examination, the worker claims in Madison County Circuit Court.




     An “oiler” for Alberici Constructors says the company told co-worker Chuck Smick to escort her to an exam at Midwest Occupational Medicine following a workplace fall in July 2009.
     She claims she was examined by Brian Ruiz in front of Smick, with no female nurse in the room.
     “[P]laintiff was ordered to disrobe in their presence, over plaintiff’s protest,” the lawsuit states.
     “Brian Ruiz made no attempt to insure the privacy of the plaintiff and made no attempt to exclude Chuck Smick from witnessing the plaintiff disrobe,” the woman claims.
     “At no time did Chuck Smick divert his eyes from the plaintiff as she disrobed, at no time did he make an attempt to insure the privacy of the plaintiff, and at no time did he heed her protest to leave the room during the disrobing and medical examination.”
     She seeks unspecified damages from Alberici, Midwest Occupational, Smick, Ruiz and Midwest Occupational COO George Dirkers for emotional distress and visual sexual assault.
     She is also suing Alberici’s contractor, Ameren Corp., for maintaining an unsafe workplace that led to her fall.
     Her attorney is John Kujawski of Kujawski & Associates in O’Fallon, Ill.

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