FLINT, MI — A Hurley Medical Center nurse claims staff there refused to let her treat an infant because she is African American, according to a recent lawsuit.
The lawsuit was filed in Genesee Circuit Court by nurse Tonya Battle in late January.
Battle claims she was working as a registered nurse in the Flint hospital’s neonatal intensive care unit caring for an infant Oct. 31, 2012, when the child’s father asked to speak to her supervisor.
The father, who is not named in the suit, told the supervisor that he did not want an African American nurse taking care of his baby, the suit alleges. The father allegedly rolled up his sleeve and showed a tattoo that was believed to be a swastika while talking with the supervisor, the suit says.
According to the lawsuit, the supervisor then reassigned the infant to a different nurse.
On Nov. 1, 2012, a decision was made to grant the father’s request that no African American nurses care for his child, the suit alleges.
Battle claims a note stating, “No African American nurse to take care of baby,” was attached to the assignment clipboard.
The suit claims that an attorney for Hurley advised hospital staff and the child’s father that the request could no longer be granted, but Battle alleges the request was still followed despite the attorney’s advice.
Battle claims the discrimination lasted for nearly a month.
Julie Gafkay, the Frankenmuth-based attorney representing Battle, said her client has been a good employee with Hurley since 1988.
Attorney Joan Pierson, who is representing Hurley in the case, said that the hospital does not comment on pending or previous lawsuits.
“Hurley Medical Center does not comment on past or current litigation,” said Hurley spokesperson Ilene Cantor.
Hurley has not yet filed a response to Battle’s allegations.
