August 2018

  When the minority nurse interviewed for a per diem slot it was clear she was applying for per diem work and she never told the interviewer she was interested in full time work. She was welcome to do so but never applied for a full time position. UNITED STATES DISTRICT COURT LOUISIANA July 6, 2018

  While a minority RN was working weekday per diem day shifts in the emergency department the department hired two white recently graduated nurses full time who clearly had less emergency nursing experience than she.   Later the minority nurse was taken off the list of available per diem nurses altogether after she informed the emergency department scheduler that she had obtained a full time weekday nine-to-five nursing job at another facility. 

  The US District Court for the Western District of Louisiana dismissed the nurse’s race discrimination case.  

  Hiring less experienced non-minorities rather than a more experienced minority would seem clearly discriminatory, except that in this case the minority nurse never applied for or even voiced an interest in the positions given to the non-minority nurses.  There was no obligation for the hospital to offer her a position for which she never applied or even expressed an interest until the position went to someone else.

  When the nurse’s name was removed from the list of available per diem nurses, the department scheduler did it because she notified the hospital she had accepted full time employment at another facility that seemed incompatible with the per diem shifts she had worked.  Even if there was a misunderstanding, it had nothing to do with the nurse’s race. Hassen v. Hospital, 2018 WL 3341791 (W.D. La., July 6, 2018).

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