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Age Bias: CNAs And LPNs Are Not Valid Bases For RN Comparison.
Legal Eagle Eye Newsletter for the Nursing Profession
To prove employment discrimination a minority or older employee can point out a non-minority or younger employee in the same position who was not disciplined or was disciplined less harshly for the same infraction. However, as a general rule an RN cannot draw a valid comparison with a CNA or an LPN in a discrimination case. Their employer’s performance expectations for them are not the same.
UNITED STATES DISTRICT COURT PENNSYLVANIA February 10, 2017The RN shift supervisor left an LPN and a CNA in the resident’s room while she went to check on other residents. Soon the RN was called back to the room. The patient was in extremis but the RN did not start CPR as the RN supervisor was required by the nursing home’s policies and procedures. She simply went and notified the administrator and the director of nursing that the resident had died.
For failing to start CPR the RN was terminated from her position. The US District Court for the Middle District of Pennsylvania dismissed the RN’s age discrimination case. The RN could not prove her case by pointing out that the LPN and the CNA, who were younger than she, did not perform CPR and were not disciplined. The Court explained that an employer’s expectations can be much more exacting for an RN than for an LPN or a CNA. In fact, CNAs were not allowed to perform CPR at this facility without an RN present.
Messimer v. Albright, 2017 WL 552736 (M.D. Penna., February 10, 2017).More from nursinglaw.com
http://www.nursinglaw.com/age-bias-nurse.htm
http://www.nursinglaw.com/agediscrimination.htm
http://www.nursinglaw.com/age-discrimination-nurse.htm