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i was in an examination room of local work health office, for

a workmans copensation claim. my company...
i was in an examination room of local work health office, for a workmans copensation claim.
my company nurse came along for the appoitment.
while we waited on the doctor we engaged in small talk.. I told her I ws paying to much taxes because im not married ,no kids , and Im white.

she went to our HR dept at our Plant and complained that i was offending her by stating I was white.
can she eveen tell what i said in the exam room?
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Answered in 10 minutes by:
9/21/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.


You ask an interesting question. A nurse is under a duty of confidentiality and the information she states is also protected by the physician-patient confidentiality provisions of state law. Most cases deal with medical information. However, this is a case where the information was obtained during the patient treatment but is not related to the medical care. I think you can make a case for breach of confidentiality if she was there to provide some sort of pre-doctor medical care to you (like taking your vitals, weight, etc).

However, there is another aspect of this that I think you should consider. What you said was not actually racist. You said "I am white". The fact that you are being disciplined for this statement actually smacks of racism to me.

I think you should consider filing a claim. How many employees does your employer have?
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Customer reply replied 4 years ago

500

This would mean that the federal anti-discrimination laws apply here.

You should seriously consider filing a claim with the EEOC for race discrimination by your employer. You may file the claim by contacting the local EEOC office, which you can locate at www.eeoc.gov/field .

Once a claim is filed, you receive protection from retaliation. Any termination which occurs while an investigation is pending is considered per se retaliation. If you feel like your employer is trying to get rid of you, this would be the smartest move to make.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
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Customer reply replied 4 years ago

sour saying its not a horrible thing to say Im white, as i was meaning i pay high taxes because of it.

I cannot see how she can claim she was justifiably offended by your statement. You were not being racist, although I do not agree that your race determines your tax bracket.

They cannot discipline you for saying "I'm white" to someone at your workplace (or in this case to a co-worker while in the infirmary). Their actions is racism, and this is strictly forbidden by the anti-discrimination laws.
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
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TexLaw and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 years ago

how long.do i have to file this discrimination or even now that i was.injured on job how long from the.injury is is.retribution if is it r

Customer reply replied 4 years ago

hoe long do i have to file this case?

Hi,

Sorry for the delay in response.

For the EEOC claim, you have 180 days from the date on which the negative employment action took place.

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TexLaw
TexLaw
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Category: Employment Law
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