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  #101  
Old 02-17-2013, 10:03 PM
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Default Re: Wow, racism alive and well in Flint, MI

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The rights of the patients to choose who they wanted was never in question. When the hospital conceded to a race-based request, they went afoul of Federal law and the Constitution.
While this is true, what were they supposed to do? They'd of been subjecting their employees to bigotry and harassment from a guy in an intensive care unit for children - and I don't believe a hospital would be allowed to discharge them legally since a child in the NICU is considered an emergency patient and transferring them could threaten the life of the child.
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  #102  
Old 02-17-2013, 10:13 PM
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Default Re: Wow, racism alive and well in Flint, MI

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If I got into a place and say I don't want that person or that person helping me, you think they're going to let said people help me? Now lets say everytime someone assigned Mr. Swastika a black nurse he said he didn't want her; he wouldn't have to give a reason but they wouldn't assign them back to that room. It's not that complicated - the hospital just did it wrong.
Bingo!!!

Read my posts carefully. My posts have to do with the hospital and the nurse. And I said the hospital can be and should be sued by the nurse because of the note.

Other's think the hospital would win against the nurse and that is not the case here. Not after the note was displayed.

As for as the man with the swatiska.
He can wish whoever he wants for a nurse/doctor. However, the hospital can't tell their staff no-African-American for this patient. What they can do and I have seen it with my own eyes is before a shift starts their rounds, the nurse/staff have a meeting and discuss each patient. If they know a patient is racist, then it is discussed among the nurse/staff and then and only then they have a strategy of who works with said patient. However, if a Black nurse/staff says I don't care I will deal with him/her then it's on that nurse. Similarly, if a supervisor says to a Black nurse/staff, sorry you have to deal with the racist patient, the nurse/staff has no choice but to work on said patient or that nurse would get written up.
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  #103  
Old 02-17-2013, 10:25 PM
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Default Re: Wow, racism alive and well in Flint, MI

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So which part of this did the hospital violate?

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Equal Protection Clause of the Fourteenth Amendment to the U.S.Constitution.”

She's also seeking claims against the hospital under the Michigan Elliott-Larsen Civil Rights Act for intentional infliction of emotional distress.



Back on post # 55 you wrote against my IIED claim.

I wrote about IIED without even taking a look at her case now that I have I am 100% correct that she would file for this claim. I think I know just a little bit more on Tort law then you do my friend.
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  #104  
Old 02-17-2013, 10:27 PM
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Default Re: Wow, racism alive and well in Flint, MI

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While this is true, what were they supposed to do? They'd of been subjecting their employees to bigotry and harassment from a guy in an intensive care unit for children - and I don't believe a hospital would be allowed to discharge them legally since a child in the NICU is considered an emergency patient and transferring them could threaten the life of the child.
Refusing his race-based request is not the same as denying them care. The hospital was willing and prepared to provide care.

But the hospital did what I assume most hospitals would do: they agreed to the man's request just to get the child into treatment as quickly as possible. They wanted to do their job and take care of the child. Absolutely nothing wrong with that and I would assume the nurse was even willing to go along with that at that point. The problem comes with placing the note on the chart. Even the hospitals own lawyers knew that was wrong and indefensible.
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  #105  
Old 02-17-2013, 10:29 PM
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Default Re: Wow, racism alive and well in Flint, MI

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Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Equal Protection Clause of the Fourteenth Amendment to the U.S.Constitution.”

She's also seeking claims against the hospital under the Michigan Elliott-Larsen Civil Rights Act for intentional infliction of emotional distress.

I think this would be taking a very broad stroke from the intent of the civil rights act if she wins but I don't think we will ever know, she will take the money and run.
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  #106  
Old 02-17-2013, 10:38 PM
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Default Re: Wow, racism alive and well in Flint, MI

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Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Equal Protection Clause of the Fourteenth Amendment to the U.S.Constitution.”

She's also seeking claims against the hospital under the Michigan Elliott-Larsen Civil Rights Act for intentional infliction of emotional distress.



Back on post you wrote against my IIED claim.

I wrote about IIED without even taking a look at her case now that I have I am 100% correct that she would file for this claim. I think I know just a little bit more on Tort law then you do my friend.
^ This


There was once a time in this country when people of color were indirectly discriminated against by their employers per other peoples' power of choice. I'm not describing someone seeing a black person working at a store and deciding to go to a different store. I'm talking about situations where a white person would go to a hospital, see a black employee, instruct the hospital staff that they wanted "that ******" moved to another floor, and the hospital staff would comply. In some cases, this was an organized attempt to force hospitals and other institutions to release personnel because of their color, race, ethnicity, etc. This is why the language 'job assignment' is included in the law. It is much more serious than I think some people realize.
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  #107  
Old 02-17-2013, 10:47 PM
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Default Re: Wow, racism alive and well in Flint, MI

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^ This


There was once a time in this country when people of color were indirectly discriminated against by their employers per other peoples' power of choice. I'm not describing someone seeing a black person working at a store and deciding to go to a different store. I'm talking about situations where a white person would go to a hospital, see a black employee, instruct the hospital staff that they wanted "that ******" moved to another floor, and the hospital staff would comply. In some cases, this was an organized attempt to force hospitals and other institutions to release personnel because of their color, race, ethnicity, etc. This is why the language 'job assignment' is included in the law. It is much more serious than I think some people realize.
I don't think it is that serious. If she could prove that the hospital had a past practice or pattern of doing this than I would agree. The intent of "job assignment" is to prevent a business from giving employees better or worse assignments based on race.

I believe no civil rights were violated here. She was offended big friggin deal. She suffered no lost compensation and if she wants to claim that she is emotionally traumatized than she just needs to grow up. There are a-holes in this world deal with it.

It is cases like this that if they set precedent does nothing but hurt civil rights.
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  #108  
Old 02-17-2013, 10:50 PM
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Default Re: Wow, racism alive and well in Flint, MI

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I don't think it is that serious. If she could prove that the hospital had a past practice or pattern of doing this than I would agree. The intent of "job assignment" is to prevent a business from giving employees better or worse assignments based on race.

I believe no civil rights were violated here. She was offended big friggin deal. She suffered no lost compensation and if she wants to claim that she is emotionally traumatized than she just needs to grow up. There are a-holes in this world deal with it.

It is cases like this that if they set precedent does nothing but hurt civil rights.
That is why you fail.
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  #109  
Old 02-17-2013, 10:55 PM
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Default Re: Wow, racism alive and well in Flint, MI

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That is why you fail.
Don't misconstrue that statement. Racism is serious, ignorant and unnecessary. The fact that the hospital took these steps and her feelings got hurt is not that serious.
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  #110  
Old 02-17-2013, 11:12 PM
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Don't misconstrue that statement. Racism is serious, ignorant and unnecessary. The fact that the hospital took these steps and her feelings got hurt is not that serious.
It's not about hurt feelings. It is about discrimination.

And, as Bengal Yankee pointed out, there were other ways for the hospital to deal with this.
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  #111  
Old 02-18-2013, 12:09 AM
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Hospital will settle out if court (don't they always) .....hope The RN gets a crap ton of money because you think any other hospital will hire her ?

I think she saw the baby's chart and said ( Here's my ticket out of here)....

Also wonder if there was any bad blood between her and the hospital?
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  #112  
Old 02-18-2013, 12:28 AM
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Default Re: Wow, racism alive and well in Flint, MI

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Hospital will settle out if court (don't they always) .....hope The RN gets a crap ton of money because you think any other hospital will hire her ?
No, she's looking for early retirement...

" A supervisor also posted a "no African-American nurse" note on the baby's chart, an act even the hospital's lawyer advised later was improper, though the order stood".

I have two sons born in this hospital, and I believe Nurse Battle was one of the nurses both time my kids were born.

Sad? Yes.
Stupid? Absolutely.

Flint has problems. Hurley just happens to be one of 3 major hospitals here in Flint, sadly Hurley is the only one that has an open door policy that can/will admit any asswipe.

Racism is everywhere, small towns to big cities...sadly this world we all have to share generates a lot of unbridled hate...I'm sure when heaven finally opens the gates to let souls in, afterlife will probably kick my *** as well furnishing me-my very own cloud on top of a a 'state' street...arg.
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  #113  
Old 02-18-2013, 12:46 AM
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Bingo!!!

Read my posts carefully.
Read my posts - they all ended with 'the hospital did it wrong'. Why did I have to say it 3 times?

The whole subject has given me a headache. Its bedtime.
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  #114  
Old 02-18-2013, 01:07 AM
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not exactly the same...a black vs white nurse operating on an individual regardless of sex is different that a man vs woman obgyn. if your wife said i want no black obgyn than it would be the same...
What about a Chinese restaurateur only wanting to hire people who are Chinese?
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  #115  
Old 02-18-2013, 01:17 AM
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Default Re: Wow, racism alive and well in Flint, MI

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What about a Chinese restaurateur only wanting to hire people who are Chinese?
How many small chested, 500 pound, uglier than ugly women work as a waitress at Hooters?
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  #116  
Old 02-18-2013, 05:58 AM
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Default Re: Wow, racism alive and well in Flint, MI

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Read my posts - they all ended with 'the hospital did it wrong'. Why did I have to say it 3 times?
I have read your posts. It's always the information you wrote before you wrote "the hosptital did it wrong" that was inaccurate.


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Originally Posted by BigPapaKain
Again, the hospital did it in a stupid way. It should've been done in private and behind closed doors - but a patient has every right to tell the hospital they don't want something or someone for any reason.
Wrong, a patient can't say I don't want a Black nurse. He can say I don't want THAT nurse. But he can't say I don't want a Black nurse.


Quote:
Originally Posted by BigPapaKain
While this is true, what were they supposed to do? They'd of been subjecting their employees to bigotry and harassment from a guy in an intensive care unit for children - and I don't believe a hospital would be allowed to discharge them legally since a child in the NICU is considered an emergency patient and transferring them could threaten the life of the child.
Hospital staff have been subjected to bigotry and harassment since day 1. In fact all service jobs, all employees are subjected to bigotry. In sports, Jackie Robinson, Hank Aaron[threats when he was about to break Babe Ruth's record], etc.


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Originally Posted by BigPapaKain
I think you may have stepped over a line here, man. The sign, while inappropriate, wasn't any sort of attack on anyone - it was merely the family's wishes. It didn't drop the N-bomb or any sort of racial thing (it didn't even say 'black'; it said African-American),
You can't have signs like that in America in 2013, what is the matter with you dude???

You think that the sign has to be an attack on a person to be offensive???


You don't need the N-word to be offensive.



A family or a neighborhood's/community's wishes.....

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  #117  
Old 02-18-2013, 07:08 AM
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Default Re: Wow, racism alive and well in Flint, MI

I'm not quoting that whole thing to say one this; I guess I just know too many black people who wouldn't give a damn about it. Personally, I think this one is looking for a handout - otherwise she would have filed a class action lawsuit on behalf of every black nurse/doctor in the hospital. And I've seen plenty of signs like that in American in 2013; so yes, you can. It may not be the smartest thing in the world to do, but you can do it.

Stop acting like people who disagree with you condone the behavior.
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  #118  
Old 02-18-2013, 07:46 AM
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I'm not quoting that whole thing to say one this; I guess I just know too many black people who wouldn't give a damn about it. Personally, I think this one is looking for a handout - otherwise she would have filed a class action lawsuit on behalf of every black nurse/doctor in the hospital. And I've seen plenty of signs like that in American in 2013; so yes, you can. It may not be the smartest thing in the world to do, but you can do it.

Stop acting like people who disagree with you condone the behavior.

There is only one disagreement I have with some here and that is NOT the wishes of the man with the swastika. He can have any wish he desires.

It IS the action of the hospital staff.

When I am a patient in a hospital, my wishes for a nurse are ....




I wish that some members here get this....

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Old 02-18-2013, 07:52 AM
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Hospital staff have been subjected to bigotry and harassment since day 1. In fact all service jobs, all employees are subjected to bigotry. In sports, Jackie Robinson, Hank Aaron[threats when he was about to break Babe Ruth's record], etc.
So now this RN is the new Rosa Parks fighting discrimination for all blacks and deserves a big pay off for a small "Wording" mistake on a patients chart?

And we wonder why health care cost have skyrocketed ...
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  #120  
Old 02-18-2013, 08:03 AM
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So now this RN is the new Rosa Parks fighting discrimination for all blacks and deserves a big pay off for a small "Wording" mistake on a patients chart?

And we wonder why health care cost have skyrocketed ...
I would say more like Al Sharpton.
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  #121  
Old 02-18-2013, 08:07 AM
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So now this RN is the new Rosa Parks fighting discrimination for all blacks and deserves a big pay off for a small "Wording" mistake on a patients chart?

And we wonder why health care cost have skyrocketed ...

Good logic. Her case has not been heard yet and you are talking about existing skyrocketed costs.

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Old 02-18-2013, 08:10 AM
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Good logic. Her case has not been heard yet and you are talking about existing skyrocketed costs.

Maybe because logically thinking, unless she drops it all together this is going to cost the hospital tons of dough regardless of a settlement.
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  #123  
Old 02-18-2013, 08:15 AM
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Maybe because logically thinking, unless she drops it all together this is going to cost the hospital tons of dough regardless of a settlement.

Logically thinking, hospitals and all organizations can't have signs saying no Blacks, Jews, Homosexuals, etc. or they will be properly served.
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Old 02-18-2013, 08:20 AM
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Default Re: Wow, racism alive and well in Flint, MI

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Originally Posted by NashvilleBengalfan View Post
So now this RN is the new Rosa Parks fighting discrimination for all blacks and deserves a big pay off for a small "Wording" mistake on a patients chart?

And we wonder why health care cost have skyrocketed ...
Lol..."wording mistake"....how trite of you.
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Old 02-18-2013, 08:26 AM
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Lol..."wording mistake"....how trite of you.
Bingo!
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