Nurses Continue to Experience Discrimination in the Workplace - When to Seek Legal Help

If you or someone you know has been discriminated against while on the job, contact an employment lawyer. Nurses Announcements Archive Article

Nurses play an important role in delivering healthcare to patients. It is the nurse who tends to a patient first before seeing a doctor. It is the nurse who answers many of the questions for you and your loved ones. It is the nurse who assists a doctor in surgery or non-invasive procedures. Simply put, we need nurses to have a functioning healthcare system. Nurses must also be able to work in an environment free from discrimination, as they will not be able to do their jobs as best they can if they are constantly confronted with workplace discrimination.

Types of Discrimination Nurses Continue to Face

Discrimination is widespread throughout society, but nurses tend to experience particular discrimination that may not be as prevalent in other professions. Many nurses have reported the following types of discrimination in the workplace:

✔️ Race - Even though we have come a long way, racial discrimination is still a big problem. Many nurses do not receive pay raises or promotions due to their race. Many nurses are not receiving equal pay because of their race.

✔️ Age - It is important to understand that The Age Discrimination in Employment Act (ADEA) prohibits discrimination against people who are 40 years old or older.

✔️ Gender - Many people are accustomed to seeing female nurses more so than male nurses. Both female and male nurses may experience discrimination based on their gender, but because there are more female nurses than male nurses, some male nurses experience discrimination for simply being a male nurse, taking the position that only females should be nurses.

✔️ Sexual Orientation - While sexual orientation should never be an issue in the workplace, many nurses suffer from discrimination and harassment for having certain lifestyle choices that have absolutely nothing to do with their jobs as nurses, including marital or partnership status. It is illegal in New York to discriminate against a person in compensation, conditions or privileges of employment because of their marital status or because of a domestic partnership.

✔️ Religious discrimination - Unfortunately, nurses have also reporting religious discrimination, which is when a person is being treated unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, but also others who have other sincerely held religious, ethical or moral beliefs.

✔️ Demeaning Behavior - In addition to being discriminated against for race, gender, and sexual and religious discrimination, nurses may generally be seen as submissive assistants who have no other purpose aside from following a doctor's orders or instructions. This prevents or at least minimizes a nurse's ability to have a leadership role in the workplace.

There are countless ways in which nurses may suffer from workplace discrimination. Acts of discrimination against nurses may be both isolated and systematic, meaning that discrimination can be widespread. Systemic discrimination against nurses has made it difficult for the profession to evolve. As such, there is a lot of work that still needs to be done to change the culture of nursing and to promote a healthy and safe workplace environment.

How an Attorney Can Help

Workplace discrimination can make it very difficult for you to do the job you love. A lawyer can help with your employment law claim. If you or someone you know has suffered from any form of harassment or discrimination while on the job, do not hesitate to speak with a legal professional as soon as possible. An experienced attorney will be able to review your situation, determine if your rights have been violated, and provide you with the guidance you need to make an informed decision moving forward.

Specializes in GENERAL.
OP: Do you have sources for your assertions? Because a blanket statements about discriminatory activity without any real evidence are not very compelling.

Yes, MMJ this solicitation is somewhat self-serving. Although there definitely is a role for lawyers in the event a nurse feels she is being discriminated against for any of the above cited reasons, they should know that the burden of proof is very high short of a third party overhearing an employer or representative of that employer saying "I don't like you because you're not the right color, sex, religion, sexual orientation. Many states are "right to work states" which is a euphemism for the right of an employer to give you the heave-ho at their whim. Another get out of jail free card used by employers is the pre-employment "arbitration agreement." Most nurses just sign this document without even understanding that it constrains you to give up your day in court and to have your grievence heard by a jury of your peers. If your complaint goes to arbitration your chances of obtaining justice are next to nill. Still nurses sign this document only to regret it later on when they realise they have signed away valuable rights. So if you have this information in hand prior to signing well, that's your business, but most nurses just cut to the chase if it means access to a paycheck. Unfortunately, employers and most for-profit schools are deceptive about this agreement much to the detriment of those who are truly aggrieved.

Specializes in GENERAL.
Upward&Onward said:
It is a hypothetical scenario and question. As for the staffing assertion:

"The past decade has been a turbulent time for US hospitals and practicing nurses. News media have trumpeted urgent concerns about hospital understaffing and a growing hospital nurse shortage.1- 3 Nurses nationwide consistently report that hospital nurse staffing levels are inadequate to provide safe and effective care.4- 6 Physicians agree, citing inadequate nurse staffing as a major impediment to the provision of high-quality hospital care.7 The shortage of hospital nurses may be linked to unrealistic nurse workloads.8 Forty percent of hospital nurses have burnout levels that exceed the norms for health care workers.4 Job dissatisfaction among hospital nurses is 4 times greater than the average for all US workers, and 1 in 5 hospital nurses report that they intend to leave their current jobs within a year.4"

Aiken LH, Clarke SP, Sloane DM, Sochalski J, Silber JH. Hospital Nurse Staffing and Patient Mortality, Nurse Burnout, and Job Dissatisfaction. JAMA. 2002;288(16):1987-1993.

I don't feel like using APA on my holiday weekend, Dr. Meanmaryjean.

Nothing you have cited is new. The venues of employment control the hiring and means of production.

The doctors can complain all they want because that's what they do best.

To wit: with the way the Tom, Dick and Harry schools of nursing spew out nurses and NPs we should have had the nursing shortage and primary care shortage solved years ago.

Where's the study for that beyond the profit motive?

Hello, all,

To those who asked for an example of nurse discrimination in the workplace, particularly hospitals, please see this case: Nurse with rare brain disorder wins $4M suit against hospital | New York Post

The verdict was upheld by the appellate courts.

As far as what attorneys 'charge' in discrimination cases, most operate on a contingency fee basis- if the nurse does not win, the nurse does not pay. If the nurse does win, attorney fees are generally one third of what is recovered on behalf of the nurse.

I would be happy to answer any questions anyone might have concerning this very important topic.

Thank you.

Richard S. Jaffe, Esq.

Lake Success, NY