No summary judgment for health-care facility with racial-preference policy

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The District Court erred in granting summary judgment to a long-term health-care facility which prevented black workers from assisting certain residents based on the residents’ requests, the 7th Circuit Court of Appeals ruled today.

Brenda Chaney v. Plainfield Healthcare Center, No.09- 3661, pits a health-care worker’s right to a non-discriminatory workplace against a patient’s demands for white-only health-care providers. Plainfield had a policy of honoring the racial preferences of its residents in assigning health-care providers. Brenda Chaney, a nurse aide who is black, was instructed in her daily assignment sheet to not provide care for Marjorie Latshaw, who preferred to not have black nursing assistants. Chaney went along with the policy, even having to not assist Latshaw once when she found her on the floor.

In the three months she worked at the facility, Chaney claimed she was subject to racially tinged comments and epithets from co-workers. Chaney was fired by the director of nursing when a nurse accused her of using profanity when lifting a resident onto her bedside commode.

Chaney filed suit claiming hostile workplace and discriminatory discharge. The District Court granted summary judgment because it concluded Plainfield avoided liability by responding promptly each time it received a complaint, and that the note on the daily assignment sheet was reasonable given Plainfield’s good-faith belief that ignoring a resident’s preferences would violate Indiana’s patient-rights laws. It also found Chaney didn’t produce evidence to show she was fired because of her race.

The 7th Circuit had no trouble finding that a reasonable person would find Plainfield’s work environment hostile or abusive. The facility acted to foster and engender a racially charged environment through its assignment sheet that reminded Chaney and her black co-workers that certain residents didn’t want blacks working with them, wrote Judge Ann Claire Williams.

“Unlike white aides, Chaney was restricted in the rooms she could enter, the care that she could provide, and the patients she could assist,” she wrote.

In addition, a company’s desire to cater to racial preferences of its customers is not a defense under Title VII for treating employees different based on race. The judges disagreed with Plainfield’s argument that since it’s both a medical provider and permanent home for residents, the rights of residents must be honored before considering its Title VII obligations to employees. Plainfield’s policy is not a reasonable and good-faith effort to comply with Indiana law, which conflicts with federal law.

“Had a resident sued Plainfield under the patient’s rights provision, Title VII would have supplied an affirmative defense,” she wrote. “Title VII does not, by contrast, contain a good-faith ‘defense’ that allows an employer to ignore the statute in favor of conflicting state law.”

The Indiana law also doesn’t require Plainfield to instruct its employees to accede to the racial preferences of its residents, and the facility’s interpretation of the law puts Plainfield at risk of violating duties of medical care that it owes its residents.

The Circuit judges also found a reasonable jury could conclude that Plainfield’s grounds for firing Chaney cloaked the “forbidden motivation of race.” When she was fired, the facility said it was because she swore; later it contended it was because Chaney failed to respond to a bed alarm. But in the incident for which she was fired, another nurse who was supposed to respond chose not to answer the patient’s bed alarm. Instead Chaney responded, despite the patient not being in her unit. That nurse wasn’t fired or punished for the event.

The case is remanded for further proceedings.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.