A former floor technician claims he was subjected to discrimination, harassment, and retaliation after reporting workplace safety violations and filing a workers’ compensation claim with his employers. The complaint was filed by Gregory Ferguson on March 18, 2026, in the United States District Court for the Southern District of New York against Healthcare Services Group, Inc., Epoch Senior Living, LLC, and supervisor Ruben Vidal.
According to the filing submitted through Bell Law Group PLLC, Ferguson alleges that after he reported an Occupational Safety and Health Administration (OSHA) violation related to being ordered to move a marble table weighing over 100 pounds without assistance—exceeding his job’s safety limitations—his work hours and job duties were changed. He further claims he was subjected to harassment and that complaints about racial animus from his supervisor were ignored. The complaint states that Ferguson is an African American man who suffered a back injury as a result of the incident on October 25, 2024.
The document outlines that Ferguson’s job description limited solo lifting to items under 50 pounds. Despite this policy, supervisor Ruben Vidal allegedly insisted Ferguson move the heavy table alone. After sustaining a back injury described as a slipped disc—which impaired daily activities such as walking and sitting—Ferguson sought medical treatment and was advised not to return to work until November 9, 2024. Following his return from medical leave in mid-November 2024, Ferguson’s schedule was changed from 6:00 a.m.–2:00 p.m. to 7:00 a.m.–3:00 p.m., which he says made it impossible for him to perform essential carpet cleaning tasks before residents occupied common areas.
Ferguson also alleges that upon returning to work he was assigned new responsibilities requiring ladder use despite medical restrictions due to his recent injury. When questioning these changes with Vidal, Ferguson claims he received no explanation other than being told to speak with the regional director. The complaint details multiple incidents where Vidal allegedly yelled at Ferguson using profane language such as “you will do whatever I tell you to do” and “I told you to clean the fuckin’ windows.”
A key allegation in the lawsuit is that Vidal referred to Ferguson as a “fuckin’ moreno” during a conversation with another coworker in Spanish—a term which Ferguson understood as used derogatorily given its context. On November 18, 2024—the same day as one of these incidents—Ferguson lodged a formal complaint regarding both unsafe work assignments stemming from his injury and alleged race-based harassment by Vidal.
Despite these complaints made verbally via the employer’s human resources line—and follow-up notes added on December 16 describing specific incidents—Ferguson contends no meaningful action was taken by management or human resources representatives including Regional Director Anthony Greco or HR professional Chris Ricci. Instead, on December 4, 2024, Ferguson was suspended without pay pending investigation for alleged insubordination following another dispute about task prioritization.
On December 18, 2024, Ferguson received notice of termination citing “insubordinate, unprofessional, hostile, and offensive behavior in the workplace.” He asserts this justification was pretextual and directly followed his protected activity of reporting OSHA violations and discrimination complaints.
The lawsuit brings multiple causes of action under federal law—including Title VII of the Civil Rights Act of 1964 for race discrimination and hostile work environment; Americans with Disabilities Act for disability discrimination; as well as parallel claims under New York State Human Rights Law—and state law retaliation provisions related to workers’ compensation rights. It is alleged that both Healthcare Services Group Inc. (a contract housekeeping company) and Epoch Senior Living LLC (operator of the senior living facility) acted as joint employers responsible for hiring decisions and working conditions at the Westchester County facility where Ferguson worked.
Ferguson seeks compensatory damages for lost wages (front pay and back pay), emotional distress damages including psychological harm; punitive damages; liquidated damages; injunctive relief; attorney’s fees; costs; disbursements; any other relief deemed proper by the court; along with a demand for trial by jury.
The case is identified as Docket No.: 7:26-cv-2224 in the Southern District of New York. Plaintiff is represented by Paul A. Bartels of Bell Law Group PLLC.
Source: 726cv02224_Gregory_Ferguson_v_Healthcare_Services_Complaint_Southern_District_of_New_York..pdf
