Neo Nazi father bans black nurse from looking after his baby

[AtroposHeart]

An African-American nurse is suing the Flint, Mich., hospital where she works after she was allegedly banned from taking care of a baby because of her race.

The suit claims that Tonya Battle was caring for a baby in the neonatal intensive care unit of Hurley Medical Center, when the child’s father requested to speak to a supervisor. The man reportedly pulled up his sleeve and revealed a tattoo believed to be a Swastika, after which the baby was immediately reassigned to another nurse, WNEM reports.

According to court documents, Battle was “shocked, offended and in disbelief that she was so egregiously discriminated against based on her race and reassigned.â€

http://www.ibtimes.com/african-american ... t-care-his

[anjulibai]

Hmm, if I were her, I wouldn't want to take care of that guy's baby. He might blame me if the baby cries too much or gets jaundiced (common for newborns) or something, and that would not be pleasant.

I'm not sure she could win this. The man was within his rights to say I don't want this person caring for my child, even if his reason is disgusting.

[laura oz]

I don't understand why the hospital caved to that bigot. I'd have sweetly given them the option to take care of their own baby if my staff wasn't good enough for them. If the woman was qualified I would have stood by my employee. If they wanted to have that much control they should have home birthed FFS. By the way, aren't these the people who like the deplorable idea of the black mammie? smh

[AtroposHeart]

I don't understand why the hospital caved to that bigot. I'd have sweetly given them the option to take care of their own baby if my staff wasn't good enough for them. If the woman was qualified I would have stood by my employee. If they wanted to have that much control they should have home birthed FFS. By the way, aren't these the people who like the deplorable idea of the black mammie? smh

Not anymore, White nationalists want nothing to do with People of color. They want their own nation made entirely of white people

[Fargood]

Not anymore, White nationalists want nothing to do with People of color. They want their own nation made entirely of white people.

Yep. There's a motorcycle club in my town like this. They're more interested in outright genocide than simple oppression.

[Buzzard]

While the father is a racist piece of shit I question the motives behind the suit. If I go to the hospital I am within my rights to request that only women treat me. Regardless of the motiviations behind my request, I'm not sure that I would be causing grounds for a discrimintion lawsuit.

Unless this nurse was denied a raise, a better shift... whatever, I cant see how a father who is a bigot can open up liability for the hospital. The baby was in the NICU so its not like he could leave... so other than the fact that there was one less patient to treat I'm missing the point (unless its to expose the POS, in that case its a different story, but I dont see suing the hospital).

[Anny Nym]

Lemme guess, the babys father ist just the same white trash fucktard as that one who named his three children "Adolf H......, JoyceLynn Aryan Nation and Honszlynn (sic!) Hinler (sic!2) Jeannie" .

youtube.com/watch?v=kvMW9nY40jM

I always wonder why exactly this people fall for neo-nazism, that certainly might be - if the manqué postcard painter from Braunau would be in exalted position - within the ones who got presented with the one-way train ticket to death...

[dairyfreelife]

While the father is a racist piece of shit I question the motives behind the suit. If I go to the hospital I am within my rights to request that only women treat me. Regardless of the motiviations behind my request, I'm not sure that I would be causing grounds for a discrimintion lawsuit.

Unless this nurse was denied a raise, a better shift... whatever, I cant see how a father who is a bigot can open up liability for the hospital. The baby was in the NICU so its not like he could leave... so other than the fact that there was one less patient to treat I'm missing the point (unless its to expose the POS, in that case its a different story, but I dont see suing the hospital).

Agreed. I don't get why she would sue the hospital. There are lots of assholes in the world and that includes racist and sexist ones as well. Why would she want to take care of the baby who's parents would blame any issues on her all because of the shade of her skin? I wouldn't. I'd feel sorry for the poor baby who doesn't realize yet what he was born into and what he may become because of his ignorant, arrogant parents.

[dawbs]

The local version of this story I read basically said that nurses had shifts-reassigned (so, crappy shifts for some of them) in order to give dad what he asked for. THAT, IMO is worth a suit. Because suddenly the hospital is taking into account gender/race/religion/etc for who gets choice/crap shifts.

[MyNameIsJonas]

I was reading about this on CafeMom last night (don't ask). The hospital held a meeting to inform the staff of the father's wishes and put a note in the baby's file. Apparently the infant was in the hospital for about a month. In a way, the hospital was in a no-win situation, but what they did was against the law. I think she'll win.

[Anny Nym]

I don´t understand why the hospital gave in. If someone shows a Swastika AND practically threatens a person (the nurse or even the whole hospital) shouldn´t he be a case of police investigation anyway?

[Blahblah]

Would she have been happier if the hospital left her looking after this baby and put her at risk of racial abuse? Rock and a hard place for the hospital I think.

I agree it sucks that she got switched to crappier shifts, but surely she could just trade other shifts in the future to balance this. don't all nurses get crappy shifts? Isn't it what you sign up for?

[anjulibai]

The local version of this story I read basically said that nurses had shifts-reassigned (so, crappy shifts for some of them) in order to give dad what he asked for. THAT, IMO is worth a suit. Because suddenly the hospital is taking into account gender/race/religion/etc for who gets choice/crap shifts.

Okay, that is definitely sue worthy.

[Jana814]

This guy is a piece of crap!! I once saw a Trama life in the E.R episode where they reacted something similar. (it was an older woman refusing treatment from a black doctor)

[laura oz]

:shock: Good grief, I had no idea the bigots had gone and changed on me. I've seen a lot of people around the small town we moved to that have buzz cuts and swastikas tattooed on them and there are no minorities at all. I wasn't aware their views were that extreme though I shouldn't be surprised. Anyone who idolizes Hitler is quite capable of anything I guess. I'll just keep quiet about my great grandmother (paternal) being Jewish and try to stay under the radar.

[dawbs]

Would she have been happier if the hospital left her looking after this baby and put her at risk of racial abuse? Rock and a hard place for the hospital I think.

I agree it sucks that she got switched to crappier shifts, but surely she could just trade other shifts in the future to balance this. don't all nurses get crappy shifts? Isn't it what you sign up for?

Personally, I think it sets a REALLY bad precedent.

"Oh, well, our patients don't WANT female doctors, which is why female doctors aren't promoted to 'head of X"", which, in turn, leads to people being uncomfortable with female doctors/expecting them to be unqualified. Which leads to people not wanting female doctors, which leads to female doctors FOREVER getting crappier shifts/not being made head of department/etc.

[YPestis]

I'm not sure the lawsuit will carry much weight. We've had patients come in asking that only women treat them, and I'm sure some people have objected to individuals who "appear" a certain nationality/ethnicity etc. Hospitals try to accommodate patients as much as possible, even if the patient had a bigoted reason for his discriminatory request.

As for suing because the displaced nurses were placed in crappier shifts, well *everyone* gets crappier/choice shifts *whenever* there's a change. It doesn't matter if the shift changes is due to influx of more patients or a patient that wants only females health workers....someone is going to get shafted. Hospitals' first priority is to deal with patients and their families. Requests may be due to gender, religion, and yes, even race. While I think the hospital was in a bad position (patient's request vs worker's rights), when they changed the roster, they always run the risk someone will end up unhappy. While that sucks, I don't see that as a reason to sue the hospital. Sorry, this is one lawsuit bordering on frivolity.

[MyNameIsJonas]

I'm not an expert (psych major, not pre-law) but-

Honoring A Patient’s Racist Requests Constitutes Discrimination

August 11, 2010

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A recent Seventh Circuit opinion held that honoring a patient’s racist request constituted a violation of a black nursing assistant’s rights under Title VII of the 1964 Civil Rights Act.

In Chaney v. Plainfield Healthcare Ctr., a nursing home patient requested that a black nursing home assistant refrain from providing her care. The nursing home honored this request. In her claim based on race discrimination, the healthcare assistant argued that the daily reminder on the assignment sheet not to enter the patient’s room or provide care, along with co-workers racist’s comments created a “hostile work environment.†A unanimous appeals panel agreed.

Writing for the court, Judge Anne Claire William reasoned that a racial preference policy violates a worker’s right to a non-discriminatory workplace under Title VII. By honoring the patient’s requests, the nursing home created an environment adversely impacting the nursing assistant. The court distinguished this case from those cited by the defense allowing sex-based preferences in health care settings. Where gender based preferences are allowed, often privacy concerns exist – such as dressing and undressing – that do not apply to race.

The court also rejected the nursing home’s argument that it was trying to comply with state and federal regulations regarding the need to honor patients’ wishes regarding health care – holding that Title VII would preempt any state law requiring an employer to institute a race-based work practice and that “Title VII does not …contain a good-faith ‘defense’ that allows an employer to ignore the statute in favor of conflicting state law.â€

Finally, the court dismissed the nursing home’s claim that “customer preference†could serve as a defense to claims of discrimination. Cases showing gender based bona fide occupational qualification (BFOQ) exceptions to Title VII for long-term care were not applicable.

Title VII prohibits workplace discrimination against employees on the basis of their race, color, national origin, and religion. Policies favoring a worker’s right to be free from discrimination trump patient or customer requests where those requests create a discriminatory environment.

http://www.atlantaemploymentlawyerblog. ... t_req.html

Edited to say that I honestly think the father intended to stir up trouble with his visit. Now other people have to pay for it.

[Guest Anonymous]

I think, once you've been discriminated against on the basis of race, you feel it. That's why I don't think there's much of an argument in the idea that she would not want to care for a racist's baby. Similarly, I don't think the potential risks of allowing her to care for that baby (in terms of her exposure to racist abuse) are much of a factor. Most workplaces have some protocol in place to deal with situations of abuse. The hospital banned black nurses from working with this baby because of their race, that seems to be it - that's the whole thing.

Edited: Missing words!

[yewchapel]

Hmm, if I were her, I wouldn't want to take care of that guy's baby. He might blame me if the baby cries too much or gets jaundiced (common for newborns) or something, and that would not be pleasant.

I'm not sure she could win this. The man was within his rights to say I don't want this person caring for my child, even if his reason is disgusting.

Really? It's within his rights to racially discriminate against someone? Isn't that illegal?

Wanting only women to care for a woman in labour is one thing, demanding that they be white women is another and is NOT a right anyone has.

[meda]

Interesting case, Michigan is not in the 7th circuit, so that case probably wouldn't be directly relevant, but depending on the facts the nurse may have a case. In the hospitals I'm familiar with, RN's are hired for, and work a particular set of shifts. A nurse may work nights for the shift premium, or work 2 12hour shifts on weekends so they can be home with the kids during the week. If this nurse, or other Africa American nurses, were given inferior shifts and/or lost shift differential pay so that the hospital could accommodate the fathers racial preference, that may be a title VII violation.

Race is specifically excluded under title VII as a bona fide occupational qualification (BFOQ), which is a defense allowed to employers when dealing with gender, religion, or national origin discrimination claims. The hospital cannot claim that requesting a white nurse is the same as requesting a female nurse, because such a defense is precluded. Also, even if a BFOQ was applicable, courts have held that mere customer satisfaction is insufficient grounds.

The hospital cannot claim that black nurses were incapable of caring for the child, nor can they claim that white nurses are essential to the running of the NICU or the care of this patient. There is no federal patients bill of rights that gives hospital patients complete choice and veto power over every hospital employee involved in a patients care. There may be some state laws that allow choice, but as a general rule, federal anti discrimination law trumps state law. I think the hospital screwed up.

[E Street Fan]

Really? It's within his rights to racially discriminate against someone? Isn't that illegal?

Wanting only women to care for a woman in labour is one thing, demanding that they be white women is another and is NOT a right anyone has.

Not as I understand it. He's not in a position of authority over the nurse, so it is within his rights to be an ignorant dick. If he were the hospital, and he said black nurses were not capable and thus refused to hire or promote them, he would be violating the law. The issue is with the hospital and its reaction to the asshole, not the asshole himself.

Why do so many assholes lately have to be from my not-so-fair state?

[Fargood]

Personally, I think it sets a REALLY bad precedent.

I completely agree. What happened to this nurse is every white supremicist's wet dream. He showed his big, bad, scary racist tatoo and everybody jumped to accommodate him.

I bet this guy went back to his little clubhouse of white thugs and they all circle jerked about how powerful they are.

[yewchapel]

Not as I understand it. He's not in a position of authority over the nurse, so it is within his rights to be an ignorant dick. If he were the hospital, and he said black nurses were not capable and thus refused to hire or promote them, he would be violating the law. The issue is with the hospital and its reaction to the asshole, not the asshole himself.

Why do so many assholes lately have to be from my not-so-fair state?

Ok, I think it would be illegal in the UK under anti-hate-speech laws.

[anjulibai]

Really? It's within his rights to racially discriminate against someone? Isn't that illegal?

Wanting only women to care for a woman in labour is one thing, demanding that they be white women is another and is NOT a right anyone has.

I'm not sure what the difference is. You have the right to determine who will give you medical care. If you want women, you are within your right to request only women. Obviously this guy only wanted white people. Stupid in both cases, IMO, but essentially the same idea.

Now, should the hospital have rearranged schedules to go with his wishes? No way, not okay.