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Affirmative Action/Quotas/Civil Rights/Parent Refusing Care by African American Nurse

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Question
Does a parent have the right to request that no African American employees give care to their premature baby?  Is the hospital potentially vulnerable in a civil suit if they comply with this request?


(I posed this question yesterday but must have entered my email address incorrectly as I never received an email acknowledging the question.  My apologies.)

Answer
Hello,

Here is my answer again.

The Civil Rights Act of 1964 prevents an employer from discriminating in any way on the basis of race.  This includes assigning a particular task to one employee over another based on race.  The Supreme Court has held that customer demands cannot be used as an excuse to discriminate.  If a customer demands service from whites employees, an employer is not permitted to accommodate that demand.  Doing so would subject the employer to liability from an employee legal action.

I hope this helps!
- Mike

Affirmative Action/Quotas/Civil Rights

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Michael Troy

Expertise

I will answer questions relating to discrimination law or the 14th Amendment, sexual harassment, etc. I can`t give specific legal advice involving specific cases you might have.

Experience

I have worked as an attorney in this area, including several landmark cases involving racial preferences (such as Hopwood v. Texas, University of Michigan v. Gratz and UM v. Grutter).

Organizations
Former Attorney with the Center for Individual Rights.

Publications
Washington Times
Washington Post

Education/Credentials
JD from University of Michigan Law School

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