Originally Posted by cutthemdown
You can refuse service from a nurse until they give you a new one, but you can't really fire a nurse. A doctor you could choose not to see but a hospital can't let patients make choices based on race.
Sure a person can refuse to treated and most hospitals would probably just accomadate the person.
But if a hospital said you can't work today because the patients say they don't want any black nurses, umm yeah they will be getting sued. If they said hey this patient a bigot racist, we were thinking we would just have you not be his nurse for safety reason etc, that would probably be ok. Really this is a stupid issue to argue when we have some really good ones we could be talking about.
And that's exactly what the supervisor should and could have done. Much of law is decided by what a reasonable person would do in any given situation. Had the supervisor taken the tack of apprising the black nurse of the situation and allowing her to make the decision for herself whether to work with the man or not, there's very little chance a lawsuit would hold up in court, because a reasonable employee knows that. The hospital cannot refuse service, so the patient is there whether she likes it or not. If, after being warned about the father, she still chose to brave that situation, the hospital would then likely be released from liability.
If she also didn't notify her supervisors, or her supervisors didn't know the law either. If so, that's negligence, and one of the reasons we have laws like this. And I suppose a hospital being able to tell a sack of **** like that father that they won't comply with racism is probably another.
Now, another poster brought up the fact that the hospital released a statement about what actually happened, and in the context of the article, I basically took it as, the request was made, granted, the nurse wasn't told, at some point the lawyer for the hospital found out and put the kibosh on it, and then they released that statement. I can't imagine she would e suing if nothing actually happened. If so, well then THAT is a frivolous lawsuit.