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I am a registered nurse, over the years I have developed an

 
MShore's Avatar
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I am a registered nurse, over the years I have developed an allergy to all types of gloves utilized in my profession. My employer asked me to change my shift and gave me a serious of odd jobs such as filing, cleaning out closets, occasionally I did fill in as the liasion nurse and work with the utilization nurse. My new tour of duty started the third week of February/2009 until July/2009. In the interm my employer called me in her office with multiple accusations that I did not do my job in a timely manner. Nothing was specific and importantly there was little truth in what she was saying. I was also evaluated by a new manager who was not party to the original aggreement, it was like a gang attack on me. I was told that I must check in with this new manager and check out with the same manager although we have time clocks and the timekeeper is one office away from the manager. I had asked for cotton glove liners to use as undergloves in which they initially refused based on the infection control practioners advice. I had evidence otherwise from OSHA that glove liners are ok for use in health care. Now I am required to meet with the infection control practioniner once per month and also I am required to have my hands examined by the charge nurse every week. I think this is ridiculous and is a form of harrassment. My hand issues have been documented for years and my employer could care the less until I started to make some noise. Please advise.

 

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State/Country of Question: DC

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Since the year of 2000 I have attempted to transfer within the hospital when opening became available and have been unsucessful. Other nurses have experienced the same problem. This only occurs if African American nurses attempt to advance within the facility. All transfers are signed by one single person who is currently in charge of all departments related to patient care services. I have been employed at this institution for twenty-one years. Many nurses have left because of descrimmination but there are others that are still there who complain to other nurses for fear of retaliation. The person who is now in charge was once a staff nurse and promoted to night supervisor,then to head nurse then to director of nursing and now to operations manager. She has the authority to hire,fire and promote. I was asked to precept three new nurses and a memo sent by this manager that any nurse who precepts will recieve an extra $2.50 per hour. I did not recieve that increase and when I asked why the staff coordinator informed me that she had recieved orders that it was a part of my job discription. It is a part of every nurses job description. I met with the new manager and she did not have an answer for me and stated that she would e-mail with the reason I did not recieve the extra 2.50. She never did, and to this day I have not recived a dime nor any explaination. I know it's only 2.50/hr and they owe me roughly $260 but it the principle of the issue. When I told some of my co-workers of what was said to me I recieved an e-mail from the new manager that what was said in the meeting was not to be discussed. I did not that gag orders could be issued, if they had nothing to hide then what is the problem? The allegations on a whole were false and of no merit. They only thing true was I did not turn in my jury duty slips but that was all.

Submitted: 1018 days and 1 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  MShore replied 1018 days and 1 hours ago.

Thank you for your post, I understand your question to be whether it is legally permissible for them to place these new requirements on you. Is this correct?

Customer replied 1018 days and 1 hours ago.

Yes

Accepted Answer

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Expert:  MShore replied 1018 days and 1 hours ago.

The legality of the new requirements depends on the motive, if you can prove that the basis was discriminatory then it would a violation of Title VII, if not, then it is a permissible restriction.

Expert TypeAttorney
Pos. Feedback: 98.1 %
Accepts: 17768
Answered: 8/8/2009

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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