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Subscribe to RSSAn African-American nurse is suing a Michigan hospital after she says staff there agreed to a swastika-tattooed father’s request that no black nurses care for his new baby.
Tonya Battle, 49, sued the board of hospital managers of Hurley Medical Center in Flint, Mich., and Mary Osika, a nurse manager, on discrimination grounds after Battle said she was reassigned to accommodate the father’s request.
“I didn’t even know how to react,” Battle told the Detroit Free Press, which first reported the story.
Battle is a neonatal intensive care nurse who has worked at the 443-bed public teaching hospital for nearly 25 years. She said she was caring for infants as usual on Oct. 31, 2012 when the infant’s father asked to speak to her supervisor, according to a complaint filed in the Genessee County circuit court.
The father told the charge nurse “he did not want any African Americans taking care of his baby,” the complaint said. While making that statement, he pulled up his sleeve and showed a tattoo “believed to be a swastika of some kind.”
Instead of denying the request, the complaint said, the charge nurse called Osika, who advised her to reassign the baby to another nurse.
“Plaintiff was reassigned on or about Oct. 31, 2012 because she is African-American,” the complaint said. “Plaintiff was shocked, offended and in disbelief that she was so egregiously discriminated against based on her race and re-assigned.”
The next day, the complaint alleged, Osika told staff members the request would be honored. When Battle returned to work on Nov. 2, 2012, the hospital posted a notice on an assignment clipboard that read: “No African-0American nurse to take care of baby.”
No black nurses were assigned to care for the baby for the following month, despite notice from hospital lawyers that the notice should be removed and that the father’s request would not continue to be granted, the complaint alleged.
Hospital officials, however, said that while the father’s request was “initially evaluated,” he was then told it could not be granted.
In a statement posted online, Melany Gavulic, president and chief executive of Hurley Medical Center said the man’s swastika tattoo created “anger and outrage in our staff.”
“This resulted in concern by supervisors for the safety of the staff,” she wrote.
Battle filed discrimination charges on Dec. 11, 2012, with the federal Equal Employment Opportunity Commission. Battle’s lawsuit seeks punitive damages. Neither Battle nor her lawyer could immediately be reached by NBC News.
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OK, question....The nurse is suing the hospital but not the actual person who made the racist request? I wonder how much of that has to do with the fact that the hospital has virtually unlimited funds to pay out where as the person who actually made the racist request is probably a broke moron on welfare. The supervisor should have probably pulled all staff away from that family and taken care of them herself until she could speak directly with the head of the hospital. She should have put in an immediate call to the most senior boss in the place and had that person deal with the family. If I had been the one to deal with the family I would have told them point blank that I could not grant their request and that I would be happy to put them into an ambulance and send them to any hospital within reasonable distance that would accommodate their request but that they would be responsible for the costs that were not covered by insurance and that they would need to pay in advance. I would then give them a list of phone numbers for every hospital within 100 miles that had the capability to care for their child and tell them to start making calls but so long as they were in this hospital their would be no changes of scheduling. Once I left the room I would call the staff together and explain the situation. I would tell everyone that I would not force anyone to interact with the racist and would ask for volunteers to attend to the medical needs of the family. If the racist was not medically needed in the hospital I would have him banned if legal counsel told me I could. I think that would cover all the bases.
Virtually unlimited funds?? What the heck hospital system are YOU thinking of and on what planet?? That aside, is anyone else just sad this waste of human skin actually reproduced?? I certainly am!
Amused, yes, virtually unlimited funds through their liability insurance. Most hospitals are insured to 8 or even 9 figures.
That is a rock and a hard place for the hospital. If they grant his ignorant request, they offend the nurses, if they don't, they place their black nurses in a potentially dangerous situation. Either way they could be sued.
@Concerned-1204939, the hospital management made the right legal choice, albeit not necessarily the morally correct one. The father could have sued the hospital if they refused his healthcare "choice", but the nurse really has no case against the hospital, although there is always an outside chance that the system will fail, allowing her and her counsel some profit from this.
I have to give you credit for persistence (wrong-head, but persistent)
There was a time when Dad or mom could send a kid down to the local saloon, with or without a note - to bring back a bucket of beer or hard cider so pop could have a drink at home, with his dinner. Or lil' Jr. would go to the corner store and get tobacco, maybe a 1/2 of whiskey with out the store owner having to even think about it, if the kid was a "bad" kid -if it was a good kid, he might turn the boy way or just mention it to the mother or father the next time they came in.
well, you can't do that any more... It's ILLEGAL! Guess what, the kid is not arrested, fined, the store clerk is at fault, He is legally obligated to determine th age of anyone who wants to buy cigarettes, alcohol or other age restricted items... Same with Ivan, Hans or Adolph - he can ask for discrimination privileges, its the job of the supervisor, manager or staff of the hospital to inform him that such requests are, wait for it - ILLEGAL.
Which means, the correct person to sue it, wait for it ... the hospital! They, by law, are expected to know better.
This ain't as hard as you make it out to be.
If this was the FATHERS request,then it should be granted,the NURSE is not paying the bills.the father is the CUSTOMER,and I think the FATHERS rights SUPERSEDES the NURSE"S EGO. It's not a hospital employee's decision to make,no matter from which position she is coming from.If the hospital ignored the fathers request ,and the baby was to die(heaven forbid) this father would OWN A HOSPITAL.This nurse should drop this whole matter,or try working at another hospital if she can find one that will allow her to run the whole facility
Wonder what the father would have said if he was in the street and the nurse was the only person who could save his child. What if so of you in this forum had the same. Would you let the black nurse help or let your child die because of the color of her skin. Let not forget her ancestors took real good care of white children during slavery and those children did not die but lived well because of the good care they received. Just something to think about when it comes to emergency's.
Either way its HIS choice and the Freedom to choose is essential to having a FREE society. Selective tolerance for only approved beliefs is bull@!$%#...
Not to mention leftists and marxists etc have been working hard to hurt whites since Obama took office 5 years ago...
black folks always have a chip on their shoulders...
This is an example of a "troll comment" for anyone who doesn't know what one looks like. Don't rise to the bait. It's ignorant and lacks value of any kind.
I used to think the same way, then I listed to what the Tea baggers were saying during the last 2 elections, then compared that attitude to "Birth of a Nation", then read a few very popular books...American Classics, if you will.
Then I started wondering, why they put up with the bull crap? Anyone else would have been fighting in the streets blowing up buses and using suicide bombers to get noticed. Along the way, we have had some sterling moments which stand out as examples of how good they have had it. Rosewood, Florida or Greenwood, Oklahoma. Allentown, California. Don't worry if you never heard of those towns or what happened to them. Its not that important if your mind is closed. You'll never see either of them as an answer to SAT question or an answer on jeopardy.
Maybe in a game of Trivia pursuit at the Student Union in one of those damn, liberal, progressive colleges?
On a Tuesday or Wednesday night, if there is nothing on TV,
Wont be long until us honky,s will be able to use the race card.
JUST A THOUGHT>>>>maybe he wanted the most qualified, not some afirmitave action hire.
Sorry 'eduardo', but all nurses (VN or RN, each have their own Scope of Practice), no matter what their race, have to go through the EXACT same training and testing.
This 'nurse' is wrong. The hospital always tries to follow the request of the patients (or 'clients', as they are trying to make us call them now). It's just easier on the staff. This 'nurse' is after $$$$$$.
BFD! Racism, tolerance, diversity! A person has a right to his/her opinions. Free speech needs to prevail. The idiot was the customer and he wanted things his way. That didn't hurt anyone except some sensibilities. So what?! A lawsuit because her feelings were hurt? Such crud! The hospital didn't decide to not allow the black nurse near the baby. The FATHER did! He's the racist so she should sue him for hurting her feelings. Let's see where she gets there?
Although the father is a jerk, he has a right to request the nurse he wants. Same as wanting only a male or female to tend to you.
oh my, that bigot hurt my feeling. i'll forget all about for money. you can do anything to me as long as you pays me.
Like it or not it's the patient's choice who gives them care. In this case the father makes the decision. The hospital is following the patient's request. Therefore the hospital is not at fault.
As for the father, I personally think he is a nut case and I feel sorry for his child.
It's not about race, it's about the quality of care.
I fully agree that racism shouldn't have to be put up with. However, I have to play devil's advocate here and support the hospital for how they handled the situation. As a nurse you are taught that there are different religious, personal, and spiritual preferences that need to be respected regardless. It's a crappy situation that has escalated out of control. Does she have the right to be angry? Of course she does. Does the father have the right to decide what he wants for his child? Yes he also has that right regardless of what we all think and feel about the situation. This is no different than a muslim man refusing a woman nurse/physician, a muslim woman refusing a male nurse/physician, an orthodox Jew refusing a female nurse/physician, etc. There are reasons regardless of how the nurse/physician involved feels about it. Aside from the former, all I can say is read the Patient Bill of Rights. His request is sound even if it is utterly disgusting to hear. The hospital by law has to work around the requests of the patients it serves even if they don't agree with it either.
Thank you Libertyb, couldn't have said it better myself, and you're right the Patient's Bill of Rights in hospitals do state that a patient has the right to CHOOSE...
Really Liberty? No different than a religious choice? Since when did Nazism become a recognized RELIGION? You sound oh so reasonable, but I wonder how your comment would read if the BLACK nurse refused to treat the WHITE child? Guaranteed every racist on this board would be calling for her firing, or worse! To paraphrase Goethe, "the only thing necessary for evil to triumph is for good men to do nothing". Justification of evil is taking it a step beyond! Shame on all of you who cloak your racism in liberty and the flag!!!
All the people crying about the race card and saying this woman of color was only after money, is clearly a privileged white person who has never and will never face institutional racism. The fact you can say "she should have just moved on" shows how sheltered and pampered you are as someone with white skin. You have no idea how lucky you are to be born in this white-dominated society. Check your privilege.
Anyone excusing this act of blatant racism is equally as bad as the neo-nazi here. Congratulations?
Parents choice who they want to take care of their baby NO MATTER the manner of preference.
AND, the way the leftists and anti white, hatred spewing, marxist ass holes have been acting lately its no surprise any white people would be weary of black people around their babies...
This should be thrown out immediately and crybaby ass holes like this nurse fired...
I work in a teaching medical facility and frequently see signs on patients doors that read "Female Providers Only". This means the patient is Muslim 9 times out of 10. I personally think if you come to my country and get "free" medical care provided by my tax dollars, that you don't have the choice to choose providers. If you want a choice then go to a private hospital that caters to people with money.
Do they tell you they are Muslim? Do you even SEE them? I doubt it. You're just being prejudice.
I request female providers because I have been raped and abused.
This is OKAY because men marginalize and oppress women throughout the world. It is not OKAY for a white person to discriminate a POC because white people oppress and marginalize POC throughout the world.
Was she fired? Were her hours cut? Was her pay lowered? Was she denied a promotion? No, No, No, No.
Just another frivolous lawsuit. It will be settled out of court, she wins, her lawyer wins and your hospital bill goes up.
Better watch where, when and how you breathe, you may be next.
Would there have been suing if it was an African-American only asking for another African-American?? Perhaps the hospital did her a favor by saving her the headache of dealing with the jerk, but just another easy quick way to get money. I don't like a lot of comments that come my way at my job, but there are a whole lot of stupid people out there and sometimes you just have to move on. Come on people, unless it rips every fiber from you life, get past it. The hospital would have probably been sued by the parents for not honering the request... damned if they do, damned if they don't.
I'm Blackfoot Indian. Would you SUPPORT me if I was requesting "Only other Indigenous people " treat me???
" " Crickets " " " Didn't think so!!! I recently had to go to the hospital and I was extremely grateful fo every one of the Black, Hispanic, Asian, Caucasian, multi- colored, multi -religious, multi- ethnicity HUMANS who treated me so professionally, as a HUMAN being! Anyone who justifies the racism of this loser has a long way to go to join the HUMAN RACE!
I'm shocked to hear nurses say that this goes on all the time! How terrible! I agree that innocent patients shouldn't be upset, nor would it be right to kick out a woman in labour no matter how crazy she may be; however, at least here in California, I'd be shocked if this nazi father [of the girl or baby or both?] would NOT be asked to leave, not only due to the very real threat of his violent insanity, but also because of the threatening energy he was spreading about like a disease, when these ladies need peace & quiet & security ~ the LAST thing they need is a demonic NAZI polluting the atmosphere! In fact, if I were a patient in that hospital, I would tell them I would sue if they DID NOT kick his disgusting ass out ASAP, & 90% of the other patients would agree with me! (I'm dying to ask a Doctor friend of mine about this!) On the other hand, perhaps I am "racist" to deliberately choose MY Doctors [I'll take ANY nurses who wish to help me!], if I have a choice, who are Indian or Jewish or British, & my Dentist is Armenian, simply because I trust & respect them more than anyone else; but of course, I'd be open~minded about other people too: I would NOT ever say, "Sorry, you aren't Indian or Jewish or British, so I refuse to let you help me," but I WOULD want to be sure that they understand the whole "Mind~Body~Spirit" connection in the HEALING Process [such as Ayurveda], before I let them play a significant role in my medical needs. But, people should also remember that being present at the birth of a child, that is an honor ~ not a right. It's up to the mother who she wants there; but, if she chooses a hospital, then they have the right to ban anyone who poses a threat to the rest of the patients, & THAT is why they should be sued, in addition to the Racism, for RECKLESS ENDANGERMENT to ALL the patients!!! For any of those poor mothers in labour, just to see that swastika on his forehead, & to be reminded of Charles Manson cutting out & killing Sharon Tate's unborn baby? I can't even imagine the horror they must have felt. I don't even have the words to condemn the irresponsibility of anyone on staff allowing that scumbag to remain in the Hospital, especially the Maternity Wing. People need to think about consequences. Sincerely, Criss Sledge
yo dopey. with all the ranting get your facts straight. Manson was NOT present during the Tate murder. He sent his minions to do the work. Another Hitler getting others to fulfill his delusions.
As a nurse, I see patients and families refuse care. Who cares! Respect their wishes and move on. It is the patients right to have whomever they choose to care for them. I would treat it as his lose, because his son would not be getting my excellent care which I provide for my patients. Starting a lawsuit will only give others ideas. We already live in a sue happy world as it is!!!!
This guy should have been told to take his business else where. That being said, the nurse needs to take a deep breath and realize that this is not a reason to sue the hospital.
Stay away from Criss Sledge. A lawsuit waiting to happen.
I am confused why the baby was in the hospital for a month? When i go to the hospital i want the best qualified person working on me that they have. I have had white doctors that i would never want touching me again. I also had a black doctor who I thought was the best doctor I ever had. Each person should be allowed to have who ever they want, or not want, working on their family members.
Let's face the real reason for the suit...money, money, money. If it wasn't the money, why is the nurse not suing the father and instead the hospital with the deep pockets. Greed is evident at the top and at the bottom!!!
The nurse is angry at the wrong people. This cretin might've become combative, and the sooner the hospital is clear of this guy, the sooner the stench will dissipate.
According to Federal law, the facility in the future must provide him emergency care, but I would have facility administrators tell this patient they aren't inviting him back.
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So this degenerate doesn't want a "colored" nurse looking after his baby?! Hey bubba, you jack-booted, racist swine, if you're reading this letter let me make something crystal clear to you. When you were born, you were pink. When you get scared, you turn white. When you can't breath, you turn blue. When you're out in the sun too long you turn red and later you turn brown. Who's colored now jackass?