Thursday, March 26, 2015
Racial Preference of Patient Not a Defense to Discrimination
Plaintiff, an African-American female, filed a claim against Pals of Pasadena Hospital alleging violation of 42 U.S.C. § 1981 for intentional racial discrimination. In August 2013, an elderly Hispanic female was admitted to the hospital after being mugged by an African-American male. At the request of patient’s family, the hospital directed Plaintiff that she could not care for the patient because of Plaintiff’s race. The United States District Court for the Middle District of Florida Tampa Division ruled in favor of the Plaintiff, and concluded that the hospital prevented the Plaintiff from performing her job because she is an African-American. The hospital argued that the Plaintiff was not prevented to do her job on the basis of any “racial animus or hostility.” The court refused to accept this argument and explained that the hospital still discriminated against the Plaintiff based on her race. Dysart v. Palms of Pasadena Hospital, LP, 2015.