Race Bias: Court Turns Down Nurse’s Lawsuit.

Legal Eagle Eye Newsletter for the Nursing Profession

July 2016   

  A minority employee who sues for discrimination must identify at least one non-minority who was disciplined less harshly for the same offense. UNITED STATES COURT OF APPEALS SEVENTH CIRCUIT June 28, 2016    

    An African-American nurse had no problems with her supervisors until a Caucasian woman took over as patient-care manager in her department.

    Soon the nurse had several disciplinary write-ups for incidents that included failing to change a surgical dressing, falsely documenting she was present during a patient’s procedure, confronting a patient whose family member complained to a supervisor about the nurse’s perfume and being rude to a patient.

    After the fourth incident the nurse was terminated.

    The US Court of Appeals for the Seventh Circuit (Illinois) turned down the nurse’s race discrimination lawsuit against her former employer.

    The only evidence the nurse had for her case was her own sworn statement and a sworn statement from a former coworker that they knew of Caucasian nurses at the hospital who were the subjects of patient complaints but were not disciplined.

    The Court questioned why the nurse and her coworker did not identify these other nurses by name and how they could have known that patients had lodged com-plaints with management about them and how they would have known how hospital management dealt with the patients’ complaints or known how these nurses’ supervisors handled the issue of discipline.

    The antidiscrimination laws require very explicit and definitive proof that at least one non-minority employee has been treated differently than the minority employee in question who has filed the lawsuit. Simpson v. Hospital, __ F. 3d __, 2016 WL 3536669 (7th Cir., June 28, 2016).

More from nursinglaw.com

http://www.nursinglaw.com/discrimination-per-diem-full-time.htm

 

http://www.nursinglaw.com/racial-remark-nurse.htm

 

http://www.nursinglaw.com/racediscrim.htm

 

http://www.nursinglaw.com/racebias3.pdf

 

http://www.nursinglaw.com/racediscrim2.htm

 

http://www.nursinglaw.com/racematching-patient-nurse.htm