I would like to know if anyone had a pre existing medical condition that hasn't interfered with your nursing job however, has *suddenly* become a problem.
By a problem I mean, unforseen circumstances/malignant forces ie people have pushed you into looking elsewhere in the hospital and running into one closed door after another, and while there are jobs to be had, suddenly they are "tied up" or being "changed." Is it truly discrimination? What are the nurse's rights? What if the nurse can work anywhere in the hospital per their doctor's permission and the hospital says no way. Can they let you go?
Any stories, information would be appreciated. This isn't my story but I am very close to someone who is going through this trial.
Jan 20, '05
The person in question should talk to a lawyer and find out the facts as they pertain to her particular situation. The laws are not "black and white" regarding the employment of the disabled. Cases are assessed individually by the government agencies and court system. You didn't tell us what her particular disability is and how it might effect her ability to do her job.
Another thing for her to consider is how much effort she wants to invest in forcing the system to retain her. If they really don't want her, they will either find a way to get rid of her ... or make her life miserable until she quits. If she fights it in court, it could drag on for months and maybe years. All the while, she will be under the stress of having every action and every word scrutinized as possible evidence in the court case -- and perhaps without a paycheck. I had a friend (not a nurse) win a settlement on the basis of discrimination because of her hearing impairment. She went through a miserable 2 years and ended up with a settlement that compensated her lost wages and provided a little extra money to help her land on her feet -- but she was an emotional wreck. In the end, she got a new career and is very happy -- but she spent all of her settlement money launching that new career, so there is none left.
Your friend might have a case -- but she needs to talk with an expert and assess the situation honestly. Will it be worth the fight in the long run? Maybe it will ... but maybe not. Sometimes it is best to simply move on and find a better "fit" for yourself. But then, maybe she is the type of person who will be energized by the fight rather than having her strength sapped by it.
Jan 31, '05
ITA with the above poster's response. It will boil down to this nurses' convictions and what she truly wants to accomplish and how much energy, $$$, time she is willing to put towards it. A lot of nurses I know have just walked away from nursing because of what you have described.
The emotional toll of nurses daily 'fighting the good fight' is clearly papable by reading the posts on this BB. When a nurse challenges the 'system' things don't get any easier.
An attorney can best advise on rights, proof needed, etc...all things she must consider. Even the best federal discrimination laws have loopholes, and facilities have attorneys advising them how to proceed on how to get around them, or if they wish to 'get rid' of someone because of a disability, age, illness, OJT accident, etc.
Hate to sound negative but when we buck the system we need to go into this with eyes wide open. Good luck.