Originally Posted by houghtam
Ignorance of the law is not an excuse. At some point, the management needs to take responsibility for their employees, and if this supervisor was unaware of the law, it's on the hospital. Personally, I always made sure my supervisors were knowledgeable of all applicable laws because I know that it not only covers their ass, it covers mine and my company's as well.
What the supervisor should have done is tell the father that they were unable to comply with his request per federal law, and that he was welcome to seek treatment somewhere that might be able to follow his request. Then the supervisor should have gone to their immediate supervisor and reported the situation.
How a request like this in this day and age wouldn't cause anyone to go to their supervisor for help is beyond me.
It doesn't matter how effectively the hospital tells the story, the damages are going to be huge, and I wouldn't be surprised if they were in the millions. I can say that if I were in that situation, a simple "sorry we didn't know the laws" wouldn't be enough, and I have a hard time believing the courts won't find the same.
Say what you want, but in the real world it was just a no win situation. If they sent the nurse in there with the guy and he said anything offensive, she'd be suing them for subjecting her to a known hostile working environment. The biggest shame is that people feel the need to try to cash in on these kinds of problems. It's part of life. Everyone learns from it, you move on.