Racial Preferences at a Nursing Home and a Transgender’s Workplace Discrimination Claim against Whole Foods

Earlier this week, a black nursing home supervisor brought her race discrimination case to the U.S. Supreme Court.  In her case, Ms. Jill Crane alleged that the rehabilitation facility (Mary Free Bed Rehabilitation Hospital) that she worked at unlawfully honored a white family’s request not to be cared for by black caregivers – in violation of the Civil Rights Act.   In the trial court and appeal court ruling, the judges held that it was proper for the rehab facility to segregate employees based on assignments if the segregation was temporary and was received comparable treatment (in other words, a “separate but equal” approach).   Although the clinic asked Ms. Crane and other black caregivers not to care for the patient, the clinic never actually prohibited the black caregivers from responding to the patient’s calls because the patient was soon discharged.  It will be interesting to see how if the U.S. Supreme Court takes the case and if so how it rules on it.  See similar race discrimination case analysis by our Los Angeles based Employment Law attorneys here.

In another case, a transgender former employee of Whole Foods alleged that he was being discriminated against and a hostile work environment was created due to his coworkers’ and supervisors’ harassment aimed at him for being a transgender male.  The allegation also claimed that the retail chain did not take steps to stop the harassment by his coworkers and management which took place on a daily basis over a span of six months.  Specifically, he was referred to as “she,” “her,” or “it” instead of “he” or “him.”   Eventually, he quit his job claiming he was driven to that decision by the lack of any investigation, or his supervisors attending sensitivity training.  He also had to bear retaliation by management   He is asking for back-pay, front-pay, compensatory damages, punitive damages, attorneys’ fees.  See other hostile work environment cases by our San Francisco based Employment Law lawyers here.

If you believe that you, or another employee, suffered an employment law matter related to hostile work environment or national origin, age, disability, race, ethnicity or gender discrimination (or retaliation for filing a claim with the EEOC), prompt action to preserve your rights is crucial.  Contact the experienced employment law attorneys at Stephen Danz & Associates for a free consultation to discuss your circumstances and legal options.