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Wednesday, February 20, 2013

Hospital Grants Father's Request For "No Black Nurses"

A Michigan hospital consented to a father's request that "no black nurses" care for his newborn child. After the father saw Tonya Battle, a Black nurse, holding his child in the neonatal intensive care unit, the "concerned" father rolled up his sleeve, showed the staff his Swastika tattoo, and told the supervisor that he "did not want any African Americans taking care of his child."

When Tonya Battle returned to work the next day, the child had been assigned to a new nurse and she found a note on the assignment clipboard: Please No African American Nurses To Care For Baby Per Dad's Request. Thank You.  No African American nurses were assigned to care for this child for the next month, until the hospital's lawyer informed management that the father's discriminatory request could no longer be granted.

Although your gut may tell you that this is a clear case of discrimination, the law is murky in this area where health law meets employment discrimination law. To put it simply, patients have the right to choose their type of health care including a choice of hospital or doctor. A patient can typically request a change in health care provider based on gender or religion. However, when Hurley Medical Center enforced the Swastika-wearing father's request and posted the sign about "no black nurses" it most likely violated the Civil Rights Act of 1964, which prohibits discrimination based on race.

Not that we are in Michigan to participate in one of our Two Person Boycotts but really, Hurley Medical Center? Giving in to the wishes of a white supremacist? We will have none of it. 

Read more here.