A nurse found a note in her patient's file saying "no African American nurse to take care of baby." The New York Daily News reported that the nurse has filed a lawsuit after a baby's father at a Michigan hospital who had a tattoo that may have been a swastika urged and persuaded the hospital to reassign nurse Tonya Battle, who is black.
Battle is suing Harley Medical Center for discrimination. Her attorney Julie Gafkay said to The New York Daily News that "We have proof that when the discriminatory request was made, the hospital granted the request."
The complaint said that the baby was reassigned to another nurse in the Neonatoal Intensive Care Unit when the father asked to speak with a supervisor.
"The father told the Charge Nurse that he did not want any African Americans taking care of his baby," says the complaint. "While telling the Charge Nurse, he pulled up his sleeve and showed some type of tattoo which was believed to be a swastika of some kind."
"After the father made the discriminatory request to not allow African Americans to take care of his baby, instead of flatly denying the request, the Charge Nurse called the Nurse Manager, Defendant Osika," the complaint reads.
Osika said to the Charge Nurse to re-assign the baby to a different nurse who wasn't black.
The Hospital said to WNEM, "Hurley Medical Center does not comment on past or current litigation."
USA Today reported that Battle was working as a registered nurse in the neonatal intensive care unit on Oct. 31 when the incident occurred.
The lawsuit says that hwne the father spoke with the supervisor "he pulled up his sleeve and showed some type of tattoo which was believed to be a swastika of some kind."
The lawsuit says that Battle was shocked and offended. The Lawsuit added that she was and in disbelief that she was so egregiously discriminated against based on her race and re-assigned."
USA Today reports that the lawsuit asked for punitive damages for emotional stress, humiliation, damages to her reputation and mental anguish.
"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)," Added attorney, Julie Gafkay to USA Today.
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