Florida Nursing home operators and their related companies have agreed to pay $67,500 to settle a national origin discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on March 15, 2024.
According to the lawsuit, the companies violated federal law by refusing to hire a Haitian applicant for the position of nursing home administrator based on her national origin. The Haitian applicant’s job offer was rescinded after a meeting with the nursing home’s owner and manager, who made discriminatory comments about “voodoo” and other “Haitian rituals.” He said the applicant would favor Haitian employees, and relayed a story about a former administrator finding a voodoo doll outside her office after disciplining a Haitian employee. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin.
As part of the three-year consent decree approved by the federal court, the companies are required to take several corrective measures. These include adopting and distributing a policy that prohibits national origin discrimination whenever they operate a nursing home. Additionally, they must post a notice to employees regarding the lawsuit. The companies are also required to provide specialized training to managers and employees to ensure that employees are aware of their rights and complaint procedures. The decree also mandates that the companies report any complaints of national origin discrimination to the EEOC and describe the actions taken in response to such complaints.
Compliance Perspective
Issue
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin. Discrimination can occur when the victim and the person who inflicted the discrimination are of the same national origin. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Discussion Points
- Review policies and procedures to ensure prevention of any type of discrimination, including national origin discrimination. Revise policies and procedures if needed.
- Train staff about their right to be free from discrimination in the workplace. Teach staff to report any concerns of discrimination against themselves or their co-workers to their immediate supervisor, the compliance officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or have observed it happening to others. Ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
