Employers May be Liable When Customers Discriminate in the Workplace
The U.S Equal Employment Opportunity Commission (EEOC) has recently filed a harassment suit against a nursing home located in Burlington, Vermont.
The lawsuit filed in U.S. District Court in Burlington establishes that Black nurses and staff were subjected to ongoing and egregious racial harassment at the hands of patients.
The suit alleges that starting in 2020, various white residents of the nursing home repeatedly berated Black nurses and nurse assistants with offensive racial slurs. Certain accounts of the events go as far as alleging that residents physically assaulted Black staff.
Managers of the nursing home observed the workers being subjected to the harassment. In August 2020, the managers attended a meeting in which the employees raised concerns over the harassment.
The EEOC has asserted within their suit, that the alleged conduct violates Title VII of that Civil Rights Act of 1964, prohibiting employers from discriminating against employees based on race.
The EEOC is seeking compensatory damages for the employees and punitive damages to prevent future racial harassment in the workplace.
The law does not specify on how employers must respond when a third party, such as a customer, discriminates against their employee. In a restaurant or retail setting, it is likely that management may refuse service or ask a customer to leave.
Healthcare settings, such as a nursing home, pose unique challenges. What must be done when the actions observed are performed by a patient with dementia or some other cognitive impairment?
Regardless, healthcare facilities owe a duty of care to their employees, as well as their patients. For that reason, it is imperative that health care providers initiate policies to address abusive and combative patients. Employers have the duty to curb racial harassment even when perpetrated under the guise of mental deterioration.
If your business has any questions on this or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
