SadistDave -> RE: For Those Who Claim The U.S. Is Now A "Color-blind" Society (2/20/2013 2:46:00 AM)
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Is dude an idiot? Certainly! Racist? Obviously. However, I don't see how the nurses were really hurt in this at all. Unless the hospital didn't pay them for the time they weren't taking care of Bull Connors baby, then the hospital did not really discriminate against them in a manner that passes legal muster. Essentially, they are alleging that the hospital did not allow them to force their expertise on someone who did not want it, but that they did not suffer any negative workplace stigma by the hospital staff, nor did they suffer financial hardship because of their race. They got their feelings hurt. I don't know how many people bothered to read the second page of that article, but there is a pretty interesting point there... I'll provide the opposite side of the same point for the sake of arguement. By law you cannot discriminate based on race, sex, or religion, etc.. However women are not forced to have male doctors or nurses. Muslims are not forced to have Jewish doctors or nurses. Therefore there is clearly a precident that suggests that discrimination is perfectly acceptable in some cases. If you deny someone the right to choose their caregiver based on race, then by default the system becomes open to lawsuits by caregivers who are discriminated against for reasons that have been considered to be perfectly acceptable up to this point. Honestly, this is the sort of thing where I can only say "Be careful what you wish for." Yeah, everyone thinks this sucks. If this case goes forward though and succeeds, then there is every possibility that, as a result, some hospitals will adopt "no tolerance" discrimination policies. Rape victims could be forced to suffer the care of the opposite sex during very difficult circumstances. I think that's really the worst, but people might not be able to choose caregivers based on the criteria that are important to them any more. Religious considerations? Gone. The flip side.... non-believers may be forced to accept the care of religious staffers who want to proclaim their faith at every turn. Do you need halal or kosher food? Too bad, so sad. Do you have mental issues from childhood trauma that make you legitimately afraid of people based on their race, sex, or sexual orientation... tough shit. It won't be anytime soon, but this sort of lawsuit could open up a floodgate of ugly. I am curious how many women who have been raped will be overly eager to report rapes or other violence if they are forced to have male nurses and doctors care for them when the are taken to the hospital. Hospitals aside, this also opens up all sorts of delicate considerations, from women not being afforded the benefit of having female police officers frisk them, to dietary considerations based on religion, and could feasably limit consumer rights in any number of ways. -SD-
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