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FLINT, MICH. - An African-American nurse who is suing a Michigan hospital because she said it agreed to a man's request that no African-American nurses care for his newborn recalled Monday that she was stunned by her employer's actions.

"I didn't even know how to react," said Tonya Battle, 49, a veteran of the neonatal intensive care unit and a nearly 25-year employee of the Hurley Medical Center in Flint.

Battle's lawsuit states A NOTE WAS POSTED ON THE ASSIGNMENT CLIPBOARD READING "NO AFRICAN AMERICAN NURSE TO TAKE CARE OF BABY," according to the eight-page complaint against the medical center....

Battle said she was working as a registered nurse in Hurley's neonatal intensive care unit Oct. 31, when a man walked into the NICU, where Battle was at an infant's bedside. He reached toward the child, according to the lawsuit filed in Genesee County (Mich.) Circuit Court last month.

"I introduced myself to him. 'Hi, I'm Tonya and I'm taking care of your baby. Can I see your (identification) band?,' " Battle said, referring to the hospital-issued identification used to identify infants' parents. "And he said in return, 'And I need to see your supervisor.' "

Perplexed by his curtness, she asked for the charge nurse, who spoke separately to the man.

When the charge nurse returned, she told Battle that the father didn't want African Americans to care for his child. Further, the charge nurse told Battle that he had rolled up his sleeve to expose what appeared to be a swastika.

"I felt like I froze," Battle said. "I just was really dumbfounded. I couldn't believe that's why he was so angry (and) that's why he was requesting my charge nurse. I think my mouth hit the floor. It was really disbelief."

The charge nurse passed the request to her supervisor, and Battle was reassigned, according to the complaint.

EVEN AFTER HOSPITAL OFFICIALS REMOVED THE SIGN THAT HAD BEEN PLACED FOR A SHORT TIME ON THE ASSIGNMENT CHART, BATTLE AND OTHER BLACK NURSES WERE NOT ASSIGNED TO CARE FOR THE BABY FOR ABOUT A MONTH "BECAUSE OF THEIR RACE," according to the lawsuit. Battle is seeking punitive damages for emotional stress, mental anguish, humiliation and damage to her reputation.

Battle said colleagues have told her they were surprised at the hospital's stand and they have been supportive. But she said she felt the issue was important enough to pursue the matter legally because she expected Hurley to have turned down such a request.

"What flashed in my mind is, 'What's next? A note on the water fountain that says 'No blacks?' Or a note on the bathroom that says 'No blacks'?" she said.

Larry Dubin, a law professor at University of Detroit Mercy School of Law, called the hospital's actions, if true, "morally repugnant."

"The patient's father has the right to select the hospital to treat the child. THE FATHER DOES NOT HAVE THE RIGHT TO EXERCISE CONTROL OVER THE HOSPITAL IN DISCRIMINATION OF ITS EMPLOYEES," he said....

Julie Gafkay, an employment discrimination and civil rights lawyer in Frankenmuth, Mich., who is representing Battle, said "I don't doubt that people have made requests like this in the past. You're not going to control the prejudices and biases of people. THAT'S NOT MY CLIENT'S ISSUE. THE PROBLEM SHE HAS ... IS THAT HER EMPLOYER OF 25 YEARS GRANTED" THE REQUEST. She added: "We made a decision in this country that that kind of discrimination is wrong."

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ORIGINAL: Fightdirecto
"What flashed in my mind is, 'What's next? A note on the water fountain that says 'No blacks?' Or a note on the bathroom that says 'No blacks'?" she said.
Larry Dubin, a law professor at University of Detroit Mercy School of Law, called the hospital's actions, if true, "morally repugnant."
"The patient's father has the right to select the hospital to treat the child. THE FATHER DOES NOT HAVE THE RIGHT TO EXERCISE CONTROL OVER THE HOSPITAL IN DISCRIMINATION OF ITS EMPLOYEES," he said....
Julie Gafkay, an employment discrimination and civil rights lawyer in Frankenmuth, Mich., who is representing Battle, said "I don't doubt that people have made requests like this in the past. You're not going to control the prejudices and biases of people. THAT'S NOT MY CLIENT'S ISSUE. THE PROBLEM SHE HAS ... IS THAT HER EMPLOYER OF 25 YEARS GRANTED" THE REQUEST. She added: "We made a decision in this country that that kind of discrimination is wrong."

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quote:

ORIGINAL: mnottertail
I don't recall much of anyone ever saying that we are a color blind society----not ever.

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quote:

Was the hospital put out because of this guy's request? Was it unreasonable for the hospital to have a white nurse on staff at all hours of the day? If not, then, this request may not have been such a ridiculous accommodation.

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ORIGINAL: tazzygirl

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Was the hospital put out because of this guy's request? Was it unreasonable for the hospital to have a white nurse on staff at all hours of the day? If not, then, this request may not have been such a ridiculous accommodation.

Im going to chime in and focus on this part of your post, DS. Im not singling you out... just using it as a reference.
Newborn Nursery isnt always sunshine and rainbows. Real problems occur. A well staffed hospital will ensure the majority of their NBN staff are NALS certified...neonatal advanced life support... its the baby version of ACLS.
Not all hospitals are extremely well staffed. Not all hospitals will have a "diverse" range of ethnicity on all shifts.
Anyone seeing the problem yet? Allowing a this sort of prejudice wont just fulfill a racists wet dream... which I could care less about. Its the patient that will suffer.
And what would happen in the case of a code? Does the hospital still follow the parents wishes? What about the staff? What if the trained people are all of the race not allowed to take care of that infant who are the only one's trained to deal with the crisis?
How fast would they sue if they lost their baby because a black nurse refused to treat their child based upon the parents' demands.. simply because the parents demanded they not do so?
How quickly would the nurse lose her license? The ANA would bust her ass faster than any other entity.
This is bad business, bad policy and bad legal sense.

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