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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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Yes, Theo, poor kid. Kids need good fathers. You could put this bigot in jail for threatening the staff (probably been there already) or kneel him down and a bullet in his head, which is too good for such scum, or you could save his kid and send it home with him. Either way the kid loses. He lost when he was conceived. Hopefully he has a good mother.
Ms Battle, I'm sure sorry you had to experience this 19th century hatred. It is sickening.
Had he made the request to me, I think I would have suggested to him that, 'we will disconnect the child from life support while you arrange transportation to a facility of your choosing; we'll wheel the incubator to the sidewalk out front! Please don't park along the red curbs.'
For those of you that missed it, this was a 'neonatal' unit and had nothing to do with the Ms Bigot's pregnancy.
This whole thing was set in motion by the hospital participating in racist behavior. The hospital should have informed the father that they will assist in transfering the baby to any hospital of his choosing but THIS hospital will ensure a professionally qualified person is taking care of your baby, despite race.
Additonally, they should have informed security or the police as a backup and they would have been held harmless in this issue.
They participated, they are liable.
i beleive that it's the parents right ( no matter how dumb) to advise on who cares for their child. Racisism and bigotry are never going to go away. There will always be someone out there who doesnt like the color of your skin, your gender, your sexual preferance but at the end of the day we all bleed the same color and people need to start to remember that.
No, it's not Mr Swastika's right to pick who will and will not care for his new baby. If he doesn't want a particular caregiver, the supervisor will ask why. (if it's a quality of care issue, it needs to be addressed) Race, religion, gender, ethnicity, etc. are never automatic reasons to switch assignments, but most supervisors will agree to that kind of switch, when possible, because hospitals really try to keep their patients less unhappy. I've never known a nurse who wanted to keep a patient who didn't want her or him, but it is insulting when it's based on a non-care issue. (remember, we all talk to each other, so if you disrespect one nurse, the rest are going to know that you're a jerk!)
Well here's the wierd thing; racist slaveholders WANTED their slaves to take care of them and their kids.
Hey "all knowing, all seeing"...you sound very ignorant to me! I am mostly conservative, and I had black nurses as a baby and as a child watch after me. They were excellent nurses! Stop judging and grouping everyone into one category! Shows ignorance....and you sound it too! Angry fella??
wtf? if the father or mother doesn't want someone caring for their newborn, they should check hospital policies beforehand, or go natural childbirth at home. federal law prohibits accomodating this kind of request. even though i personally think the request was reasonable- its his kid.
Federal law does not prohibit honoring this request.
Bull Sh!t,
This was an orchestrated event caused to stir up hatred among the people. Why in the world would a person roll up there sleeve just to show a stupid tattoo, this makes no sense, just like what happened on the airplane with the child that was crying, that didn't make sense either, that person was suppose to be a executive in a company. If he was annoyed by the child crying he would just ask for another seat. This is just a false flag event to divide the people and create hatred.
There's no rational explanation for what irrational people do. Your explanation is spurious at the very least.
The hospital should have denied the request and given the father the option to have his baby transferred to another hospital.
I have been a staff nurse, a charge nurse and am now a nurse practitioner in a hospital setting. I have witnessed events similar to this one in my career. It seems to fly in the face of all the strides we have made in racial equality but the simple fact is that the rights of the patient or his guardian, to have a choice in the health-care providers involved in providing care in a hospital, must be honored if it is possible to so without jeopardizing the well-being of the patient or imposing extraordinary hardship on the hospital. Here the right of the patient to determine who he or she wants to have as a nurse takes precedent. If the request is not possible, the hospital can suggest the patient/guardian go to a different hospital, BUT that is not likely to happen when you are talking about a patient in need of intensive care (the neonatal unit is basically intensive care for newborns). The risk to the patient during transport would be too great even IF you could find another hospital to accept the patient (this is required before discharge from the first hospital).
At some point in our careers, most of us have to deal with noxious patients who make demands of all sorts. When it is backed by the patient's bill of rights, as in the right to choose your health-care provider, meaning not just your physicians, the hospital has to honor that request if it is possible without decreasing the quality of care to the patient, the other patients in the unit or by having to use extraordinary means to do so. If you are unfamiliar with the bill, various forms exist depending on the different states. You can look up the American Hospital Association version and you should see some form of this bill of rights going back to the original one the AHA adopted in the 1970s.
No one more than those of us working in the hospital setting, wish we did not HAVE to deal with ignorant, the racist, or the potentially violent people such as this father (showing his tattoo was an intimidation attempt), but the bottom line is that saving a life or simply just taking care of the physical problems of the patient comes first. In the end, most of us just put it down to ignorance and move on with our work, because as much as we would like to defy such idiocy, we have to allow the patient's rights to supersede our moral outrage at the injustice. None of us can claim the man has no say in who touches his child, unless we are actively trying to save the child's life at the time. Once the patient is stabilized, his right to choose can be asserted again.
I will say I think the supervisor was an idiot though not to talk directly with her staff, explain the situation, assure the nurse and whomever else took exception to the man's demand, that the supervisor was not making the change because of the race of the nurse. She should have made it clear it was because of the liability involved for all should she deny him the right to be involved in determining who delivered care to his child. HE would have won a law suit against the hospital if it could be shown an alternative assignment could be made to accommodate his "request". A nurse can be charged with battery for ignoring a patient's refusal (or that of his guardian) and touching a patient unless there is an over-riding circumstance. You learn that in your first semester of any nursing program- patients have rights even if they defy the moral code at times. Yes, I know that there laws against discrimination, but that doesn't apply when the patient's right exists independent of the reason for the refusal. He could have said she was too old, too young, too short, or no reason at all etc...it wouldn't matter since he isn't obligated to explain his rationale for requesting she not be assigned to his child. The man could have actually simply specified he did not want that specific nurse taking care of his child, and if it were possible to switch nursing assignments, the supervisor would have done so to minimize risk and decrease the hospital's exposure to liability. The nurse would have found herself in an adversarial relationship with her patient's guardian. It would been also placed her at greater risk of being accused of causing harm to the infant should something adverse have occurred during that nurse's shift. Few of us relish THAT type of situation so I am puzzled why she didn't see this for what it was and make a complaint to the chief nursing officer about how the supervisor handled the situation.
"...As the setting for the provision of health services, hospitals must provide a foundation for understanding and respecting the rights and responsibilities of patients, their families, physicians, and other caregivers...", "...Hospitals must be sensitive to cultural, racial, linguistic, religious, age, gender, and other differences as well as the needs of persons with disabilities..." -- from AHA's Bill of Rights
Being racist is not just "sensitive to racial differences". I think you're putting emphasis only on the patient's rights. The bottom line is the outcome of this suit will tell us more about what the nation's laws say about this situation. I look forward to it.
The reality is the patient will be accommodated and the patient's right to refuse a care giver will be cited as the reason. It is the reality that the patient's request and certain rights ARE given priority if possible in most hospitals today. It is part of the health-care grading system that is being used now.
Wish it were a perfect world, but it isn't. Hospitals are consumer focused and the patient's bill of rights is being interpreted to include a racial preference equally with a gender or language preference.
I still say the supervisor handled this in an incredibly stupid manner but no where does it say there was any harm done to the nurse. A single event showing insensitivity is not enough to prove a hostile work environment based on racial bias. I would like to know if there were other incidents like this with this specific race of nurses in this hospital being singled out. I think that would make this filing more logical and have more weight.
Come over here sheeple and take your daily dosage of hatred and move along, don't question what you read or try to find the sinister reason of what's being printed for you. We are the media and we control how you feel about yourself and other people. Look beyond what your reading. A divided people are easily led around by the nose.
The most important thing in this story was done: denounce the customer racist request and the hospital non-sense acceptance.
Any questions about our society still living in the dark ages...?? Welcome to (modern) day America, where racism is alive and not only well, but thriving in many places throughout our country.
I will never fail to be amazed at ANYONE who somehow, for some bizarre, twisted reason, is able to rationalize in their own mind that (if they are white) that they are superior in any way to anyone is is not (white).
Even more unbelievable - those that hold positions that serve our citizens - yes, ALL citizens - regardless of race/color, use those positions to promote their agendas/beliefs while pretending publicly to be anything but racist.
I am just grateful that my own adult children are as offended appalled as I am by this reality, in this day and age.
Wow...just, wow.
Who's the customer here...the guy with the baby or the nurse...where does the nurse get the attitude she can shove herself in where she isn't wanted...
It's sad that this man did this but i believe he is within his right. Even though it's disgusting and reprehensible he should have the right to decide who cares for his child without interference. As far as whether it was private pay or he had state assistance the point is irrelevant. The hospital is paid ether way so why does it matter which manner it's paid. I'm sure nazi dad has paid into the system atleast some point in his life. My question is why would the black nurse be angry. If it was me I'd request to NOT take care of the kid due to the fathers associations.
What people do not understand is that discrmination is against the law. Discrimination cases are extemely hard to prove I was investigator for the Human RIghts Comission and people very frequenly get nothing however in this case the hospital altered the nurses working conditions bases on her race and that is illegal. She may or may not win the case if her hours were cut then she would be due back wages. She could not request to not take care for the child becuase she was hired to provide care. For example if a vendor coming to an office sexually harasses female workers than the company that the female works for could be libable for it if she reported it and no steps were taken by mangement to have it stopped. This is a public facility funded by tax dollars and they handled this poorly. They coukd have explained htat they could not change the schedule and assit in transferring the baby alltouhg it is unlikely he would find what he was looking for. They coukld have discussed with the nurse and get some input. They did not do that they called and blantantlyu told her she was being discriminated against and then posted and idiotic written statement about it. Extremely poor judgement on the hospital's part.
bewu I know it would be better off if we try to incite this mans ANGER & RAGE towards black people, maybe they could get him to come in and shoot up the place & kill as many black people as possible, is that what you would want?
Great fore sight by this head nurse. She may have saved more lives than she knows.
Wish this POOR WOMAN that had her feelings hurt will be able to get OVER HER GREEDY A$$.
bewu, so what you're saying is I can't request only female staff look after me, or my husband see only male staff if it makes us more comfortable? Or how about requesting I not have the doctor with the bad attitude who refuses to listen to what I say about my medical history. You got to pick your doctor, right? Didn't you discriminate based on something when you chose him or her? I highly doubt you opened up the yellow pages and picked the first one on the list.
Working for the Human Rights Commission, surely you understand that it was not the hospital who was discriminating. They were accomodating the wishes of the parent of a minor admitted to their facility who sought what he felt would be the best care for his daughter. Sure, it wasn't tactful., but he still has a right to make that request, and the hospital staff can choose to either grant or deny the request. However, no hospital is going to say "no, we can't switch your child's nurse, but we will be more than happy to send you to another facility!"
And yes, she could request to not take care of a specific patient if she felt uncomfortable. I was in the hospital for surgery and I saw a nurse asked to be removed from the care of a woman that I shared a room with after the patient refused to stop throwing food/books/slippers/pillows at her every time she came in to check vitals or do blood work (incidently, she didn't do this to the other nurses assigned to her). Staff DO have the right to have their charges reassingned if they feel their safety or wellbeing is at stake, and both this and patient preference factor into the patient assignment for each shift (I have spent enough time in the hospital to understand the ins and outs of the nursing station). Why someone would want to put themselves into a position of potential harm, as the nurse in this case seemed to want to, is beyond my comprehension. Did she want to make a point that no caucasian man was going to dictate who she cared for? Or maybe she felt like she could change his mind and make him want a black woman caring for his child? I don't understand...
Since health care is treated as a "service" , then the patient, or "paying customer" has every right to get the service he wants, as he wants it, when he wants it and how he wants it. When health care becomes a fundamental, basic human right that doesn't come with a price tag which bankrupts the average joe, then maybe we can address the issues of racism so blatantly exhibited by this man. Until then, the paying customer is always right, no matter how wrong they are.
So if a hospital needs to provide white nurses for their racist patients, should they be able to not hire black nurses to begin with? Uh, that would be a big "no". You people defending this racist pig make me sick. How would you like it if hospitals could refuse care based on your skin color? Yeah, I thought so. The hospital's own legal counsel advised against this and I hope this nurse wins. Note to the racists: Stay away from our hospitals as they are staffed with all colors of people, not just dumb white ones.
ASKED and answered .NO they can NOT hire black nurses.You have a racism bug up your bum.As a nurse you take care of everyone.I have taken care of a known pedophile who has injured a child.Yes,he got good care.Get a grip.
Here is something else that I think is weird....If I was black and some racist jerkoff patient refused to let me care for him and wanted another nurse assigned, i would be thinking "Thank, Jesus! I dodged a bullet there." I would be grateful to not have to deal with a jerk.
I doubt if she was upset about not caring for the child but the fact that her long term employer reassigned her because of this irrational demand and that they left note indicating black nurses should not be assgned.
It works the same way for the opposite,especially if you have an elderly person who is confused.Do you really want to insist a white nurse take care of an elderly black man.An elderly confused black man who may have been treated like @!$%# and called @!$%# for years?NO.Assignments are adjusted to accomodate such things.This POS will get a big Karmic payback ,don't you worry.I wish that happened to me.It'd be an easy few dozen grand
Instead of making a scene like this lady is trying to do NOW. They did NOT want to cause any trouble with this guy, that must of showed her something that she must of known would cause a problem with him and possibly in the hospital. You try to reduce any conflicts.
Sure may not of been good thing that this guy did or said. WHY stir trouble up when it can be averted.
SUCK IT UP BUTTERCUP. QUIT being so SUE HAPPY, that is one of the problems in America. SUE that because they do NOT like your kind. SO WHAT GET OVER IT.
I am sure there are BLACK people that do NOT like WHITE people either. If they are going to cause a scene in a hospital, then let them have a black DR & nursre if they want. As a white person I would have no problem either way. Not saying that a black nurse can NOT take a blood sample from me, just saying I have no PROBLEM them averting a possible SCENE.
So, she's worked for this hospital for 25 years. She works in Neonatal which means the hospital trusts her. The ONLY thing out of whack is that the hospital currently has a new father who is a racist. The racist happens to be a customer. He also happens to be a new father. They want to keep things calm for the mother and baby and they want to protect themselves from a frivolous lawsuit. Any nurse worth her weight would understand these things. Yes, he's a racist. There are many out there. Keep him happy and send him home with his unfortunate child and then get back to business. Message to Nursie: You should just throw yourself in front of a car if you want to try to get rich and retire. It probably won't work either but chances are better than suing your hospital which is only trying to care for it's tiny patient and keep a tatoo'd racist dad calm until the baby goes home.
So the hospital should give in to irrational demands because he a new father. They handled it wrong and made a bad situation worse. Discrimination is illegal and hard to prove and hardly the bonanza people seem to think it is. She is suing for punitive not actual damages which is going to be hard. If her hours were cut they would have to pay her.
In regards to being called "Nursie", this is just another example of the disrespect that happens to nurses every day. Find me another person who will clean your bottom when you poop on yourself and get you a warm blanket and a smile when she / he is done. I suspect this nurse, like myself, had reached her limit as to the too numerous to mention stupid reasons for not wanting a particular nurse to see to your every whim. Show some respect.
Why do we get upset about a Nazi raising a baby, but we don't bat an eye at a Christian, Jew, or Muslim raising a baby?
Samey-samey-samey-same.
Religion excuses all reprehensible behavior, didn't you know that?
Because your a European.
You may be a Ftard
Why can patients choose the color of their caregiver, but the caregiver cannot choose the color of their patient? Think about it too long and you're part of the problem.
Sounds smart,but isn't
Well Mike I guess if you want to work at an all black hospital, you would have to move to where one is located, Same for the other way if you wanted to work in an all white hospital. You can NOT find 1 in the US as there are to many that feel there has to be at least 1 black in it or they are RACIST. They do NOT care if a white person is better at the JOB they have to have a certain# of blacks or JESSIE JACKSON & AL SHARPTON will be all over the hospital with the NAACP, ACLU and probably a few other organizations. The POLITICAL Correctness in America, will make it possible for a less educated black person get the JOB before they can fill it up with better educated white people. Not saying ALL black people are less educated than the whites. I am stateing that the LAWS make it possible to have worse care rather than the best.
Realizing that we have different but shared history makes the world an easier place to live in the collective of history of my family different and the waywe the experienced history was diffrent and wheter we like it or not some of the old stuff is around. My father was a WWII vet served in combat and was wounded yet could not be served in a restaraunt when he returned home. In the smal. Yet my family town my parents lived they were no allowed toi swim in the pool and the y went to the dentist after hours. They beleived in hard work and edcuation. There are attorneys nurses researchers to teachers nurses atorneys and military officers in my family My father believed in this country until he died. It would be stupid to deny what has gone before. The hospital was wrong because the demand was irrational given the make up of the hospital staff. Since he is unable to provide the care himself and he clearly did not have the funds to pay for a neonatal nurse with 25 years expereince so really how is it his right to refuse. Of course he is an igorant cretin and it is really sad that some one like this is rasing a child. By the way discrimation in employment housing and publi accomadation is illegal.
I have been an ICU nurse for 35 years and I get about one request a year that I not be allowed to take care of a specific patient. It infuriates me, mostly because the reasons are usually baseless. I have come to realize that management has its hands tied because it is easier to grant a request, even a stupid one, than to have to deal with any fall out. I have also come to believe that it is easier to just go along with it and see it for what it is and not take things too personally. I would like to point out, however, that we, as nurses, are not allowed to request that we not take care of a specific patient. We have to take whatever they dish out. I understand that people are grumpy when they are sick, but we are not your indentured servants. We are trained professionals who will do whatever it takes to save your life. Stop thinking of the hospital as if it were the Waldorf Astoria.
I hear you.People think they understand ,but it's OUR culture inside