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Happy Panther

Lawsuit: Race-based request sidelined Michigan nurse

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To discourage it from ever happening again. Other hospitals will see this happening and refuse to abide by idiotic racial demands made by patients. or in this case, parents of patients.

What kind of compensation do you think happens when a hospital refuses someone like this guy and in response he injures or kills someone?

Will it be worth it to say to the family of that person "Well at least we didn't give in to an unreasonable demand. We sure showed him, huh?"

There are some people to whom you can just say 'no' and be done with it. The hospital judged this was not one of those guys. And based on the description, I don't really blame them.

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What kind of compensation do you think happens when a hospital refuses someone like this guy and in response he injures or kills someone?

Will it be worth it to say to the family of that person "Well at least we didn't give in to an unreasonable demand. We sure showed him, huh?"

There are some people to whom you can just say 'no' and be done with it. The hospital judged this was not one of those guys. And based on the description, I don't really blame them.

You can't defeat violence by submitting to the mere threat of it.

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You can't defeat violence by submitting to the mere threat of it.

In a corporate sense, no.

In an individual setting, say a guy has a gun on you, your wife and kids and tells you "gimme your wallet", are you going to let him have it to avoid anyone in your family getting hurt, or are you going to tell him that you refuse on "moral and ethical grounds"?

Already addressed previously that it wasn't practical for the hospital to believe they could protect this nurse all the time for a month to come, and the police won't respond to a "perceived threat", only an actual one.

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In a corporate sense, no.

In an individual setting, say a guy has a gun on you, your wife and kids and tells you "gimme your wallet", are you going to let him have it to avoid anyone in your family getting hurt, or are you going to tell him that you refuse on "moral and ethical grounds"?

Already addressed previously that it wasn't practical for the hospital to believe they could protect this nurse all the time for a month to come, and the police won't respond to a "perceived threat", only an actual one.

I have reread the CNN article and I have yet to find anything that the man did or said that was threatening. Basically what I am saying is that because of people standing up to them, few people fear neo-nazi's, skinheads, kkk's, or swastika wearing choir boys. I dont know which one he is or wishes he was but I dont believe it is relevant. If the hospital was truly concerned with her well-being they would have acted differently until he forced their hand. They...chose...poorly. Because of that they will pay. Had they behaved differently maybe we would have had a different outcome but its a moot point now. The way you describe it, you are identifying reasons for them to act in their own self interest, not the nurses.

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What I find odd is a report that supposedly says not to be cared for by an african american. Instead of reassigning her and telling her after the fact someone was dumb enough to write down the request and think nothing would come of it? Now maybe this caveman wanted to see it written down who nows.

If we have learned anything lately about race cases is that the bark seems to be worse than the bite. That might so here might not.

I'm still banking she gets a lot of money for saying she was offended and what his request did to her.

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I have reread the CNN article and I have yet to find anything that the man did or said that was threatening. Basically what I am saying is that because of people standing up to them, few people fear neo-nazi's, skinheads, kkk's, or swastika wearing choir boys. I dont know which one he is or wishes he was but I dont believe it is relevant. If the hospital was truly concerned with her well-being they would have acted differently until he forced their hand. They...chose...poorly. Because of that they will pay. Had they behaved differently maybe we would have had a different outcome but its a moot point now. The way you describe it, you are identifying reasons for them to act in their own self interest, not the nurses.

If you review the law, review EEOC cases and consider the easy defense that the hospital has, it is doubtful they will pay and if they do it will be nominal likely to avoid legal fees.

Here is an egregious case that ended with a settlement of around $10k for victim. Compare the facts in the two cases:

In June 2011, Herzog Roofing, Inc., a Detroit Lakes, Minn., roofing company, agreed in a pre-suit settlement to pay $71,500 to seven Black, Hispanic, and American Indian employees to settle racial harassment and retaliation charges, alleging that the targeted employees were frequently subjected to racial epithets, racial jokes and hostile treatment by managers and coworkers and that complaints were ignored. The EEOC also had found that the company retaliated against the employee who brought the initial complaint by firing him after he reported the unlawful treatment. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. It also will redistribute its anti-harassment policies and procedures and monitor its supervisors’ compliance with equal employment opportunity laws.

I still have yet to see a successful EEOC or other discrimination case where there was not direct racial intent, significant measurable damages as well as absolutely damning evidence.

Expect a settlement of $0k to $5k if the case even goes anywhere. I believe if there is any evidence of non-discriminatory motives (which is an acceptable and common defense in federal cases) the case will be thrown out.

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I'm still banking she gets a lot of money for saying she was offended and what his request did to her.

There has to be some relationship between award and damages. Even if the EEOC/courts decide that she suffered some emotional stress, how much is that worth?

Again, go read discrimination settlements for awful awful cases of racial discrimination and judge where this compares.

It's probably the tamest one you can find. The lady was uncomfortable is the basic extent of this.

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I talked to one of our attorneys this morning about this case. He said it was interesting and was bad press for the hospital. But, he went right to the "did she suffer damaged from this". He agreed that she did not and would likely lose at trial.

But, he did say that the hospital will likely settle just to end the issue.

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I talked to one of our attorneys this morning about this case. He said it was interesting and was bad press for the hospital. But, he went right to the "did she suffer damaged from this". He agreed that she did not and would likely lose at trial.

But, he did say that the hospital will likely settle just to end the issue.

Just saw that this was settled 4 days ago but there is still a separate lawsuit out there. We will probably never know the settlement amounts.

http://www.cleveland.com/business/index.ssf/2013/02/michigan_hospital_nurses_settl.html

A Michigan hospital has settled a lawsuit that accused it of agreeing to a man's request that no black nurses care for his newborn.

Hurley Medical Center and four nurses who sued said Friday the lawsuit was "amicably resolved."

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No shock. Probably wasn't a huge amount. Doubt anybody's set for life now.

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