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African American nurse banned from handling white baby

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This was the request of the parents, but she is suing the hospital.  Should parents be able to request that, since they are paying for the service?

Should she be able to win a lawsuit?


African American Nurse Sues Hospital – Claims She Was ‘Banned’ From Looking After White Baby

WNEMTV5
WNEMTV5

An African American nurse is suing a hospital for racial discrimination , claiming they prevented her from caring for a white baby because of the color of her skin.

Furthermore, the medic – who has worked at Hurley Medical Centre in Flint, Michigan for 25 years – alleges the ban was imposed at the request of the child’s father — and that a note was placed by hospital staff in the patient’s file stating, “No African American nurse to take care of baby.”

According to the lawsuit,  Tonya Battle was working in the intensive care unit tending to a sick newborn last October when the incident happened, WNEM TV5 is reporting.

The father allegedly asked to speak with a supervisor after saying he “did not want any African-Americans” taking care of his baby.

Battle’s lawsuit states that during the conversation the father rolled up his sleeve to reveal a Swastika tattoo.

“When [Battle] returned for work the next shift she found the note,” the lawsuit claims.

“It was shocking to her. She was very upset. She was very offended. She was in disbelief,” Julie Gafkay, the attorney representing the nurse, told WNEM TV5.

Adding that the alleged note was, “on the outside of the [patient's] chart and visible for anybody to see.”

Although the alleged note was later removed, Battle claims the discrimination continued.

“Even though [the hospital] claimed they weren’t going to continue to follow that – they weren’t going to discriminate – they continued to de facto discriminate against my client and the other African-American nurses,” Gafkay said.

“For the next month they never assigned any African-American nurses to care for that child.”

Adding, “The problem that my client has is not necessarily that the request was made. People will have their prejudices and biases.

“The problem is the hospital actually granted the request.”

The hospital released a statement in response to news of the lawsuit: “Hurley Medical Center does not comment on past or current litigation.”

by on Feb. 16, 2013 at 9:47 AM
Replies (101-110):
chloedee
by Bronze Member on Feb. 16, 2013 at 1:07 PM

And why did they deny her? Because of her race. 

Nothing forced them to go that route, they chose to. 

Quoting talia-mom:

They denied her working on a single patient.   That isn't denying her work.


Quoting chloedee:

Considering that they denied her work she's qualified for based on her race, I think they've fit the textbook definition of racial discrimination, and given that the hospital's own lawyer told them to cut it out, and they persisted in not assigning black nurses, I don't think it will be exceedingly difficult to prove. 

Quoting talia-mom:

Most of the time.

But that is neither here nor there.

I don't think the hospital racially discriminated against her nor created a hostile work environment.

Both are going to be hard to prove.


Quoting chloedee:

Then there was nothing stopping them, at that point, from politely inviting the parents to shut up and play nice, or find another hospital, which is what should have been done in the first place. Being told you're being denied work you're qualified for because your superiors are backing up racist demands is a pretty solid basis for offense.

Many people need to leave workplaces they decide to sue. Is it always pointless to sue an employer or former employer, in your eyes?

Quoting talia-mom:

Well, they could have felt it was best for the child since there was possibilities of problems with the parents.  But yeah, who care about that.   The nurse was offended despite never being denied any hours or kicked off the floor.

I just think suing the hospital is pointless because she now has to leave hospital anyway.


Quoting chloedee:

Given their continued following of the request, even after they had told the father they could not longer grant it, are we to assume they were following it despite not liking it even when they didn't have to? If they hated the policy, why not resume assigning African American nurses at that point? Do you see how it could be perceived as hostile and supporting racism by Ms. Bennett?

Do you not want her to win? What point would that prove? What point do you think I'm hoping she makes?

Quoting talia-mom:

 That doesn't mean they happily went along with it and you know it.   But it doesn't matter. You are assuming what the administrators think without knowing a thing about them or their reasonings for what they did.  You want her to win to make a point.















talia-mom
by Gold Member on Feb. 16, 2013 at 1:08 PM

At the request of a paying customer.   Not for rainbows and unicorns.


Quoting chloedee:

And why did they deny her? Because of her race. 

Nothing forced them to go that route, they chose to. 

Quoting talia-mom:

They denied her working on a single patient.   That isn't denying her work.


Quoting chloedee:

Considering that they denied her work she's qualified for based on her race, I think they've fit the textbook definition of racial discrimination, and given that the hospital's own lawyer told them to cut it out, and they persisted in not assigning black nurses, I don't think it will be exceedingly difficult to prove. 

Quoting talia-mom:

Most of the time.

But that is neither here nor there.

I don't think the hospital racially discriminated against her nor created a hostile work environment.

Both are going to be hard to prove.


Quoting chloedee:

Then there was nothing stopping them, at that point, from politely inviting the parents to shut up and play nice, or find another hospital, which is what should have been done in the first place. Being told you're being denied work you're qualified for because your superiors are backing up racist demands is a pretty solid basis for offense.

Many people need to leave workplaces they decide to sue. Is it always pointless to sue an employer or former employer, in your eyes?

Quoting talia-mom:

Well, they could have felt it was best for the child since there was possibilities of problems with the parents.  But yeah, who care about that.   The nurse was offended despite never being denied any hours or kicked off the floor.

I just think suing the hospital is pointless because she now has to leave hospital anyway.


Quoting chloedee:

Given their continued following of the request, even after they had told the father they could not longer grant it, are we to assume they were following it despite not liking it even when they didn't have to? If they hated the policy, why not resume assigning African American nurses at that point? Do you see how it could be perceived as hostile and supporting racism by Ms. Bennett?

Do you not want her to win? What point would that prove? What point do you think I'm hoping she makes?

Quoting talia-mom:

 That doesn't mean they happily went along with it and you know it.   But it doesn't matter. You are assuming what the administrators think without knowing a thing about them or their reasonings for what they did.  You want her to win to make a point.

















Stephanie329
by Platinum Member on Feb. 16, 2013 at 1:09 PM
1 mom liked this
What does your not liking a particular nurse have to do with this case? Did you ban all nurses of her race from you and your child?

Quoting destiny2nv:

I side with the hospital.


When I had ds, there was a nurse I absolutely did not like. I'm not going to go into details as to why, but I asked the head charge nurse to make sure she didn't step foot back into my room. And she didn't.


I would have been furious if the head nurse told me to stfu andd suck it up
Posted on the NEW CafeMom Mobile
stringtheory
by Gold Member on Feb. 16, 2013 at 1:10 PM
3 moms liked this

How fascinating the number of posters that think the hospital was in the right to accomodate this type of demand from a customer. If I paid to fly on plane, and demanded that all the flight attendants be white, I'm pretty sure I'd be laughed at. 

Stephanie329
by Platinum Member on Feb. 16, 2013 at 1:10 PM
Patients cannot pay a hospital to carry out their racism - at least not legally.

Quoting talia-mom:

At the request of a paying customer.   Not for rainbows and unicorns.



Quoting chloedee:

And why did they deny her? Because of her race. 

Nothing forced them to go that route, they chose to. 


Quoting talia-mom:

They denied her working on a single patient.   That isn't denying her work.



Quoting chloedee:

Considering that they denied her work she's qualified for based on her race, I think they've fit the textbook definition of racial discrimination, and given that the hospital's own lawyer told them to cut it out, and they persisted in not assigning black nurses, I don't think it will be exceedingly difficult to prove. 


Quoting talia-mom:

Most of the time.

But that is neither here nor there.

I don't think the hospital racially discriminated against her nor created a hostile work environment.

Both are going to be hard to prove.



Quoting chloedee:

Then there was nothing stopping them, at that point, from politely inviting the parents to shut up and play nice, or find another hospital, which is what should have been done in the first place. Being told you're being denied work you're qualified for because your superiors are backing up racist demands is a pretty solid basis for offense.

Many people need to leave workplaces they decide to sue. Is it always pointless to sue an employer or former employer, in your eyes?


Quoting talia-mom:

Well, they could have felt it was best for the child since there was possibilities of problems with the parents.  But yeah, who care about that.   The nurse was offended despite never being denied any hours or kicked off the floor.

I just think suing the hospital is pointless because she now has to leave hospital anyway.



Quoting chloedee:

Given their continued following of the request, even after they had told the father they could not longer grant it, are we to assume they were following it despite not liking it even when they didn't have to? If they hated the policy, why not resume assigning African American nurses at that point? Do you see how it could be perceived as hostile and supporting racism by Ms. Bennett?

Do you not want her to win? What point would that prove? What point do you think I'm hoping she makes?


Quoting talia-mom:

 That doesn't mean they happily went along with it and you know it.   But it doesn't matter. You are assuming what the administrators think without knowing a thing about them or their reasonings for what they did.  You want her to win to make a point.

























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catrig
by Member on Feb. 16, 2013 at 1:12 PM
This lawsuit is stupid. The parents are idiots, but they can pick who they want around their baby.
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chloedee
by Bronze Member on Feb. 16, 2013 at 1:13 PM

Looks like choosing to back up racists for no legal reason (as per their own lawyer telling them to stop) isn't going to end up being the more profitable road. 

Given that this neo-Nazi had no good reason to back up the validity of his bigoted requests, it might has well have been for rainbows and unicorns. Nothing stood in the way to them saying "no, sorry, find another hospital".  

Quoting talia-mom:

At the request of a paying customer.   Not for rainbows and unicorns.


Quoting chloedee:

And why did they deny her? Because of her race. 

Nothing forced them to go that route, they chose to. 

Quoting talia-mom:

They denied her working on a single patient.   That isn't denying her work.


Quoting chloedee:

Considering that they denied her work she's qualified for based on her race, I think they've fit the textbook definition of racial discrimination, and given that the hospital's own lawyer told them to cut it out, and they persisted in not assigning black nurses, I don't think it will be exceedingly difficult to prove. 

Quoting talia-mom:

Most of the time.

But that is neither here nor there.

I don't think the hospital racially discriminated against her nor created a hostile work environment.

Both are going to be hard to prove.


Quoting chloedee:

Then there was nothing stopping them, at that point, from politely inviting the parents to shut up and play nice, or find another hospital, which is what should have been done in the first place. Being told you're being denied work you're qualified for because your superiors are backing up racist demands is a pretty solid basis for offense.

Many people need to leave workplaces they decide to sue. Is it always pointless to sue an employer or former employer, in your eyes?

Quoting talia-mom:

Well, they could have felt it was best for the child since there was possibilities of problems with the parents.  But yeah, who care about that.   The nurse was offended despite never being denied any hours or kicked off the floor.

I just think suing the hospital is pointless because she now has to leave hospital anyway.


Quoting chloedee:

Given their continued following of the request, even after they had told the father they could not longer grant it, are we to assume they were following it despite not liking it even when they didn't have to? If they hated the policy, why not resume assigning African American nurses at that point? Do you see how it could be perceived as hostile and supporting racism by Ms. Bennett?

Do you not want her to win? What point would that prove? What point do you think I'm hoping she makes?

Quoting talia-mom:

 That doesn't mean they happily went along with it and you know it.   But it doesn't matter. You are assuming what the administrators think without knowing a thing about them or their reasonings for what they did.  You want her to win to make a point.



















PurdueMom
by Sherri on Feb. 16, 2013 at 1:16 PM
2 moms liked this

Several years ago, we had a young woman admitted to the ICU I was working.  She and her husband were from the Middle East.  Her husband made it very clear that he would be making all decisions for her and everything had to go through him.  Since it was apparent this was also her wish, we accomodated them and spoke only to him unless it was necessary to speak directly to her.  

What my employer made clear they would NOT accomodate was his demand that none of the female nurses or physicians be allowed to look him in the eye when speaking to him, but had to look down.  We were told in a special unit meeting that management would stand behind us if he continued to complain about the eye contact. We each then made it a point to look him directly in the eye each time we entered his wife's room.  He looked uncomfortable, but never said another word about it.  His wife, on the other hand, was absolutely sweet and given the best medical care possible.

We have to remember that while hospitals try to accomodate patient's wishes, they are also an employer and their employees also have rights.. right protected by law.

Racism and gender discrimination is not a protected right and should not be allowed.  

Again, this nurse was right to sue her employer and I hope she wins.  Her employer should have supported her rights to work in a non-hostile work setting. 

Sherri

KittyLicking.gif picture by wer4pu
AdellesMom
by on Feb. 16, 2013 at 1:17 PM
My cousin works at Hurley. I live about an hour and a half away from there. I heard about this via word of mouth. lol

Anyhow, I'm going to say what I told my cousin. That man is an ignorant asshole, and I hope the woman wins her lawsuit. He should've been denied his request based off of his remarks.

Also, I find it HILARIOUS that they went to Hurley, in FLINT, MI, and COMPLAINED about African Americans. It's a bit oxymoronic. Lol
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PurdueMom
by Sherri on Feb. 16, 2013 at 1:18 PM

Talia-mom, are you under the assumption that because someone pays for a service, they are allowed to discriminate or force an employer to discriminate?

Quoting talia-mom:

At the request of a paying customer.   Not for rainbows and unicorns.


Quoting chloedee:

And why did they deny her? Because of her race. 

Nothing forced them to go that route, they chose to. 

Quoting talia-mom:

They denied her working on a single patient.   That isn't denying her work.


Quoting chloedee:

Considering that they denied her work she's qualified for based on her race, I think they've fit the textbook definition of racial discrimination, and given that the hospital's own lawyer told them to cut it out, and they persisted in not assigning black nurses, I don't think it will be exceedingly difficult to prove. 

Quoting talia-mom:

Most of the time.

But that is neither here nor there.

I don't think the hospital racially discriminated against her nor created a hostile work environment.

Both are going to be hard to prove.


Quoting chloedee:

Then there was nothing stopping them, at that point, from politely inviting the parents to shut up and play nice, or find another hospital, which is what should have been done in the first place. Being told you're being denied work you're qualified for because your superiors are backing up racist demands is a pretty solid basis for offense.

Many people need to leave workplaces they decide to sue. Is it always pointless to sue an employer or former employer, in your eyes?

Quoting talia-mom:

Well, they could have felt it was best for the child since there was possibilities of problems with the parents.  But yeah, who care about that.   The nurse was offended despite never being denied any hours or kicked off the floor.

I just think suing the hospital is pointless because she now has to leave hospital anyway.


Quoting chloedee:

Given their continued following of the request, even after they had told the father they could not longer grant it, are we to assume they were following it despite not liking it even when they didn't have to? If they hated the policy, why not resume assigning African American nurses at that point? Do you see how it could be perceived as hostile and supporting racism by Ms. Bennett?

Do you not want her to win? What point would that prove? What point do you think I'm hoping she makes?

Quoting talia-mom:

 That doesn't mean they happily went along with it and you know it.   But it doesn't matter. You are assuming what the administrators think without knowing a thing about them or their reasonings for what they did.  You want her to win to make a point.


















Sherri

KittyLicking.gif picture by wer4pu
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