A Florida assisted living and rehabilitation facility violated federal law when it subjected a Haitian to national origin discrimination, the US Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed on June 8, 2023. According to the EEOC lawsuit, a Haitian applicant applied for an open administrator position at the facility. After interviewing for the position with the then-acting administrator, she was offered the job and a start date.
As the start date approached, the applicant was asked to meet with the facility’s owner. At this meeting, the applicant was asked if she was Haitian and when she responded “yes,” the owner said that he was worried she would favor Haitian employees and began making comments about “voodoo” and “other Haitian rituals.” The owner even described a story where a former administrator found a voodoo doll in front of her office after she disciplined a Haitian employee. The next day, the applicant received an email retracting her job offer.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit against the facility’s owners and operators in US District Court for the Middle District of Florida after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks monetary damages for the prospective employee, including front pay, compensatory and punitive damages, and injunctive relief against the companies to prevent such unlawful conduct in the future.
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 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.*
