Discrimination: Aide Claimed A Pattern Of Bias Existed.
Legal Eagle Eye Newsletter for the Nursing Profession
January 2015
At least four other African-American nursing technicians were not offered continued employment at the conclusion of their probationary periods. UNITED STATES DISTRICT COURT NEW YORK December 3, 2014
An African-American hospital nurse technician became pregnant during her one-year probationary period. Problems arose when she complained to her supervisor that other techs on two occasions refused to help her with her patients. One episode resulted in her having to go to the E.R. for what she felt was pre-term labor induced by the strain of moving the patient by herself. She also complained that a day shift she requested was given to a non-minority coworker who was not pregnant.
The nursing technician was let go at the conclusion of her probationary period. She sued for pregnancy, disability and racial discrimination.
The US District Court for the Northern District of New York explained that pregnancy, while not a disability under Federal law, is a disability under state law in New York which requires reasonable accommodation from the employer.
As to the claim of racial discrimination, the telling piece of evidence for the Court was that at least four other African-American nursing technicians were not offered continued employment when their one-year probationary periods ended. When a court must delve into the minds of an employee’s supervisors to find their true motives, a pattern of racially differential treatment of other employees tends to point toward bias rather than legitimate factors behind supervisors’ decisions.
Jackson v. Battaglia __ F. Supp. 3d __, 2014 WL 6804352 (N.D.N.Y., December 3, 2014).More references from nursinglaw.com
http://www.nursinglaw.com/racial-epithets-nurse.pdf
http://www.nursinglaw.com/race-based-caregiver-requests.pdf
http://www.nursinglaw.com/racebias.htm