A house well being company accused of reassigning Black and Hispanic workers to placate sufferers is below hearth from federal regulators.
On Monday, the U.S. Equal Employment Alternative Fee filed a lawsuit in opposition to Brooklyn, New York-based 4 Seasons Licensed House Well being Care Company on prices it engaged in discriminatory practices by factoring in affected person preferences in opposition to non-white dwelling well being aides when making assignments.
The EEOC claims that these actions represent discrimination below the Civil Rights Act of 1964. 4 Seasons, which offers in-home caregiving, authorized help and personal responsibility nursing companies, is a unit of 4 Seasons Healthcare Options, which operates nursing houses, rehabilitation services, dialysis facilities and pharmacies in New York.
“Making work task choices primarily based on an worker’s race or nationwide origin is in opposition to the legislation, together with when these choices are grounded in preferences of the employer’s shoppers,” Jeffrey Burstein, regional legal professional for the EEOC New York District Workplace, stated in a information launch.
4 Seasons didn’t instantly reply to a request for remark.
The EEOC seeks compensatory and punitive damages for affected workers and calls for modifications to the corporate’s insurance policies to stop future discrimination. The company stated efforts to settle out of court docket weren’t fruitful.
The booming dwelling well being trade is staffed disproportionately by Black and Hispanic girls, in response to the Bureau of Labor Statistics. If the EEOC case succeeds, it will sign to different suppliers that permitting sufferers to reject care from staff primarily based on their races or ethnicities could also be discovered to violate civil rights statutes.
Underneath federal legislation, employers can not discriminate primarily based on race or shade in any side of employment, together with hiring, termination choices, pay, advantages, job assignments and promotions. Federal coverage additionally explicitly states that race mustn’t affect the quantity or high quality of labor a person is designated to carry out.
“It’s gone the day when employers adjust to the discriminatory requests of its shoppers or clients, to the detriment of its Black and Hispanic staff,” Timothy Riera, performing director of the EEOC New York District Workplace, stated within the information launch.