Is this ground for a law suit

Nurses General Nursing

Published

I am really good friends with a co-worker who is a Patient Care Assistant, and black the there are only two on our unit. Anyway she has confided in me in the past that she was being treated badly Nurses not speaking to her, not explaining to her what the job entails which they are suppose to support and help those who need it. I noticed how they treated her and yes I would say it was rude and unkind at times and always pointing out her faults and singling her out for issues that others were never blamed for. I also noticed that they hired three new staff and they have already been promoted to higher certification and a raise and they have worked her I would say 3 months and she almost a year. She had to take a medical leave over the summer and she has been punished by neing written up and told she would not be able to miss another day for 6 months due to this. She said she is worried because her small son has medical issues that may need her to stay home with him, and she has been written up over issues I believe was crazy because it's due to her not being told what to do exactly in her position as to charting she did not know she had to enter certain info and no one ever took her aside and told her this s what yur doing wrong please correct it, she says she is called into the ofice and just basically slammed for doing things wrong and written up she is talked down to and belittled as well she did report this to emplyee relations but little to nothing was done and she has worked with us almost a year and has not even been asked to further her certification and these new girls have. I have heard similar complaints from other blacks in our hospital and I feel like it's wrong. I told her to call the EEOC, I have seen to many minorities at our hospital being held back and others with less time and experience being promoted is nuts. She deserves this I always her criticism of her but the patients praise her all the time she never hears this. I have never seen her name up on the pt. comment board either. Everytime someone has something nice to say about our work the manager put it up on the board and every one signs on the paper how much they enjoy working with this person. I had to make one for her and put it up myself and noone signed it. This is a little crazy am I wrong and what should I advise her to do. I told his to my husband and he said she should file a discrimination suit. I agree but I would like to hear some comments or advice from others who have been through this as well Also I read a great article about minority Nurses who are treated like this and it's often swept under the rug the article really made me think that yes she should file suit.

Specializes in Cardiology, Oncology, Medsurge.

I would recommend she document each and every time something discriminatory takes place. Who she spoke to, what that person did, the date and time. It is much more effective in court to have documentation to back up your claim.

Specializes in Cardiac Telemetry, ED.

We can't give legal advice. It's against the TOS.

That being said, since I have not personally met this person or worked with her, I am in no position to judge whether she is truly being mistreated, and if she is, whether it is due to her race. There may be other factors at work.

Specializes in ED, CTSurg, IVTeam, Oncology.

Like Virgo stated, it is a violation of the forum's Terms of Service (TOS) to provide professional advice (legal or medical).

However, aside from that, one of the things that was stated is of interest. You noted that you had made a laudatory notice for her and publicly posted it, soliciting signatures to show support, but none were forthcoming. Sometimes, one needs to then step back and ask objectively why that was so. In essence, people generally don't arrive to work with hate or discrimination as their agenda. If in an entire department, there is not one other person besides yourself, that is willing to support this person, there may be a specific reason(s) for this.

Hence, I also agree with Virgo that there may be other factors at work.

No..The Nurses are very rude on our unit everytime theres a new CNA PCA whatever they will regress to the 3rd grade and give them the silent treatment. I've heard new co-workers ask a question and noone answered and when the person left the room they joke about it. I have seen them do such things to her as well. I was with a pt. one morning she comes by the nurses station and says good morning and noone responded. They have a rep for doing such things people don't wantt o lose their obs so they don't push it they treat CNA's LPNS like they are dirt really. I see the Doctors play this game with the Nurses as well. BUT I thinks it's a bit odd no blacks on the unit ever move up unless they are simply hired in as a Nurse, if your a PCA you'll stay one you never get asked to Tech class the next level and they are always seemingly trying to find a way to keep them from achieving this. I mentioned this to someone else and she too said yes I've noticed it but you better not step on any tows cause you may find yourself without a job. That to me is B.S.

My first thought was when I read your title was "yes"- before even reading the situation.

Anything is grounds for a lawsuit. Just ask any lawyer ;)

(*disclaimer* not legal advice. Sarcastic humor)

You state the nurses are rude to all new CNA/PCA and they aren't kind to any of the LPNs either so this isn't just happening to her. That's not discrimination. It's rude and unprofessional.

You also stated she was out on medical leave over the summer so while others were working and learning more she wasn't at that time. That will put her behind some others that were hired with her and those hired a short time after her.

If she wants to move up she could go and take nursing course on her own. She doesn't need the hospital to support or okay it. If she feels she isn't getting raises she deserves she can approach management along with a HR rep and find out why. She can also ask what she needs to do to move up the chain without nursing school as well. She has these options open to her and before she goes discrimination I would suggest she sit with management and HR. She can then reassess her options.

Specializes in Management, Emergency, Psych, Med Surg.

The very first mistake that she made, I assume, was that she did not file for FMLA when she was ill. If she has been employed for at least 1 year she is eligible for FMLA. In addition, she can receive FMLA for a family member who is ill that she will have to care for. Leave can be for a specific time period or intermittent. An employee is entitled to 12 weeks. They can use your sick and vacation time to pay you but after your benefits run out, you will not be paid. You can ask for an FMLA extension up to another 12 weeks. She must go to her manager or to Human resources and get the paper work and get it turned in.

As to the discrimination issue, as you said she needs to keep written reports of the incidents. She then needs to write a professional letter to the manager outlining her concerns and providing as much detail as to date, time and witnesses as she can. Tell her to send a copy to the manager and to HR and let them know that she is filing a formal grievance. They are mandated by law to take action and they have 30 days in which to respond. If they do not or if her complaint results in increased harassment in the work place she will need to go to HR at once.

Specializes in Med/Surg.
No..The Nurses are very rude on our unit everytime theres a new CNA PCA whatever they will regress to the 3rd grade and give them the silent treatment. I've heard new co-workers ask a question and noone answered and when the person left the room they joke about it. I have seen them do such things to her as well. I was with a pt. one morning she comes by the nurses station and says good morning and noone responded. They have a rep for doing such things people don't wantt o lose their obs so they don't push it they treat CNA's LPNS like they are dirt really. I see the Doctors play this game with the Nurses as well. BUT I thinks it's a bit odd no blacks on the unit ever move up unless they are simply hired in as a Nurse, if your a PCA you'll stay one you never get asked to Tech class the next level and they are always seemingly trying to find a way to keep them from achieving this. I mentioned this to someone else and she too said yes I've noticed it but you better not step on any tows cause you may find yourself without a job. That to me is B.S.

Whilei it is BS, it is the culture of the unit. Unless someone steps in and takes some action to change it, nothing will change. I'd suggest finding a job elsewhere, you don't need the hassel.

Specializes in Emergency, critical care.

You could try a nice letter (anonymous is OK) to Joint Commission with a brief outline describing the behaviors you see and specifics regarding the hospital and type of pt. care unit you work on. Much of your post actually describes lateral violence and a hostile work environment, which the Joint Commission says it is highly interested in this year. This way, the support to change the culture will be stimulated through administration when the inspectors start asking questions. I guarantee, your coworker needs the job more desparately than she needs the 'respect', and other types of reports will only generate a whistle-blower backlash and cause more grief to your coworker. Just cause whistle-blower backlash is illegal, it can and probably will happen, and it is difficult, costly, and time-consuming to prove. It wouldn't hurt to get a copy of the Joint Commission statement on hostile work environments and xerox enough of them and have them magically appear in the coworkers mailboxes.Even use the hospital mail to send a copy to managers and human resources. It is probably best to do something like this under the secret good deed code, meaning no one should know who did the unit this favor. Research is being done that shows this behavior impacts negatively on pt. care, so it would be a favor. There is a lot of info. on this site, as well as on www. for you to research and give you moral fiber for a plan of action. Tread lightly until you've done your reading and you know why it's important and not cause you feel sorry for the injustice to the one coworker you know; there really are thousands out there that suffer as well.

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