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My EEOC complaint is about to get dismissed. Login/Join 
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Early this year, I filed a complaint with U.S. EEOC against my manager (now even on a higher position) with the agency I work for harassment and discrimination. Since the start, I know it will be a difficult battle and I am about to lose. When I filed my complaint, I did not know that it will be me (Complainant) vs. Agency. My complaint was against my manager. But I guess that is the way how the process goes. I submitted all documentation and proof I can provide to support my claim. Throughout the process, they suggested multiple times that we go to a "dispute resolution process", which I declined multiple times. I want my case to be heard by a judge and for the involved party to be dealt with accordingly. The Agency assigned an attorney to represent them. I have no one to represent me.

After waiting for months, a judge was finally assigned to the case (last week). Then yesterday, I received a notification from EEOC saying that the judge made a decision to dismiss my case because I was not able to support my claim. I was given few days to provide additional evidence. If I cannot, the case will be dismissed. I cannot get anyone who were also mistreated by the same manager to sign affidavit since they are all scared of retaliation. No one else want to put anything in writing. Some verbally complained (more like gossiping). But no one have actually filed a formal complaint. The one who went to the union ended up with nothing.

My complaint was based on numerous events that I cannot fully disclose. But, my harassment complaint was based on a performance "write up" I received AFTER I filed numerous reports about unsafe practices made by my co-workers related to PATIENT SAFETY. After I filed my reports, suddenly, I was written up for "performance related issue", as a warning. I felt that the management tried to intimidate me so I would stop making reports about unsafe practices. I am a prudent nurse and I take the SAFETY of my patients SERIOSULY. I have been working with the same Agency for many years and have NOT made any mistakes, as I pay attention to what I am doing and I look after my patients whole heartedly. I was told that the MEDICATION SAFETY complaint I have made is NOT covered by EEOC, but rather by another agency handling Whistle Blower Protection.

The Discrimination part of my complaint has something to do with my position at work, which is hard to explain.

At the end of the day, they are dismissing my complaint. The admin person involved will go on in how things are being handled. I feel that this is why nothing is changing with some of the way how government employees work. There are some people who are (or at least feels like they are untouchables).

I will continue in providing the BEST care I can provide to my patients. I took an oath to protect my patients and I chose to work with the patients at my department. They deserve the BEST care possible.

Rant off!

This message has been edited. Last edited by: ador,


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Posts: 1704 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
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All I can say, you aren’t alone my friend. I’ve reported hostile work environment and retaliation several times. Nothing happens. I took mine to higher levels of management instead of going the HR route as I know the HR route, and how it works. I’ve seen other employees report hostile work environment or retaliation, not out of spite, I mean 100% justified. The HR fucks just cover the company and the management dickhead in question. Nothing happens and the employee reporting gets labeled as suspect permanently from there on out and heavily scrutinized on reviews. It’s like the management is in this super protected situation and they can do whatever the fuck they want. That’s why they do it. And what’s hilarious is we are required to take training every year on how hostile work environment, and retaliation are not tolerated whatsoever. Report it to this, this, or this. And one of those “this” is another person in management. Nothing happens. It’s a fucking joke. One of my times, I had my DVP on the phone who admitted the management fucker did it, was doing it, and none of them did anything. Got another one doing it now, thankfully that I do not report to, and zero. Mother fucker is pulling shit with many people and zero.



Now you report to this line, Cookie!
 
Posts: 11042 | Registered: January 16, 2010Reply With QuoteReport This Post
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quote:
Throughout the process, they suggested multiple times that we go to a "dispute resolution process", which I declined multiple times. I want my case to be heard by a judge and for the involved party to be dealt with accordingly. The Agency assigned an attorney to represent them. I have no one to represent me.



This the only reason I remained in the union.
 
Posts: 1687 | Location: Lake Country, Minnesota | Registered: September 06, 2019Reply With QuoteReport This Post
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I am a union member too. But I have decided to file directly with EEOC, hoping that something will come out of it. I have seen other employees go through the union and in the end, they just “met in the middle” with the management.

I just feel like my reports of the UNSAFE PRACTICES I have discovered were not handled properly. I would not want those nurses taking care of my love one. For example, there was an instance when a doctor ordered an injection for a patient. It was NOT carried out for 3 days. When it was my turn to be the medication nurse. I caught it and asked the Charge Nurse, Med Nurse and the Manager why it was missed for that many days. All I got was “we will look into it”. It happened several times.

One nurse asked me to co-sign an Insulin. I looked at the parameter order and it was supposed to be HELD. And I was being asked to cosign. I said “did you check the blood sugar”?

I always tell some if my co-workers that if this was in a private sector, those involved will be immediately fired or at least suspended.

After I filed reports on the incidents I discovered, I was suddenly given a written warning for not meeting the “standards” for some reports.


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Posts: 1704 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
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Do you think that it might be time for some "Whistle Blower" action? News media?



Any cocktail can be a shrimp cocktail if you put your mind to it, and if you carry lots of loose shrimp in your pocket.

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Posts: 26004 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
His Royal Hiney
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I'm sorry to hear what you're going through.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 16794 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
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During my time in public employment I chose to take a stand on principle on two occasions. In both incidents the only one to suffer any discomfort was me.

Bureaucracies do not tolerate any criticism very well. Much easier to replace the squeaky wheel than it is to repair the problems causing the squeaking.

The moment that a bureaucracy is created the purpose for its creation becomes secondary to the perpetuation of the bureaucracy.

Management can never acknowledge poor planning or policies, but identifying those who fail to properly implement the pans or policies is very easy to do.


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Posts: 804 | Location: Colorado | Registered: March 07, 2009Reply With QuoteReport This Post
Oriental Redneck
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Doctor ordered injection med for patient, and it was not carried out for 3 days? And this kind of things happened several times? Obviously, this is nursing screw-up, but what the hell is going on with the doc(s)? Don't these docs round on their patients daily? And make sure their orders were completed? Wow!


Q






 
Posts: 21887 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
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quote:
Originally posted by Pyker:
This the only reason I remained in the union.


Good for you living a Minnesota where unions are strong.

ador lives in Nevada, a right to work state.
Unions are weak in a right to work states.

Living in Texas as a 35 year Teamster, our local is worthless.
The only reason I stay in the union is on a national level, I wouldn't have the pay and benefits without them.

Our local bends over and takes it up the ass when the company changes policy and pisses on the contract.
Union says they can do whatever they want.
As long as the local can get paid for doing nothing and have their vehicle allowances, they are set.

Sorry to hear this is happening ador..
 
Posts: 4313 | Location: Great State of TEXAS | Registered: July 05, 2008Reply With QuoteReport This Post
I'd rather be hated for who I am than loved for who I am not
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I would bail sooner than later. No reason to put your nursing liscance at risk. Find a better organization and move on to bigger and better things
 
Posts: 7449 | Location: Bismarck ND | Registered: February 19, 2003Reply With QuoteReport This Post
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Q, that is my thought exactly. When I discovered the same type of incidents (at least 3 events, and reported them all in writing), the doc just re-ordered the injections, to be given on the day I made the discovery. The worse part is almost everyone seems NOT to care. Here is the process… Doc writes the order, pharmacist verifies the order, then lastly Charge Nurse verifies (signs) the order. It is also the Charge Nurse’s responsibility to make sure ALL orders are carried out during our shift. If that is so, then why are orders are being missed? I am very frustrated. However, leaving the agency is not an option for me. I already have 8 years with the agency. I dont want to throw that away.

Each day I go to work, I say a short prayer for wisdom to keep my patients safe and get me through the day without harming anyone. I can only hope that other people can do the same.

I hate the feeling of knowing some people feel untouchable. And the
ADMIN choose to look the other way when I filed my reports. I TOLD THEM TO MAKE PEOPLE ACCOUNTABLE for the actions they make, or lack of. But NOTHING.

Recently, a nurse gave injection at the WRONG injection site (Deltoid, instead of Gluteus muscle). What did they do after they found out? Added a poster board in the medication room on how to give injection.


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Posts: 1704 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
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If this doesn’t work out, is quitting and going somewhere else an option? It doesn’t seem like it would be difficult to find another position somewhere else with your credentials.

Still sucks, though, that you have to deal with such BS.


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-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 15969 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
Oriental Redneck
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quote:
Originally posted by ador:
... almost everyone seems NOT to care...However, leaving the agency is not an option for me. I already have 8 years with the agency. I dont want to throw that away...

Get a transfer to some other areas? I'm sorry but after reading about your situation, there is no way I want to work with these people, if it were me. I've taken big pay cuts a couple of times in my career because I didn't tolerate shit that was happening around me.


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Posts: 21887 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
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Get a transfer to some other areas? I'm sorry but after reading about your situation, there is no way I want to work with these people, if it were me. I've taken big pay cuts a couple of times in my career because I didn't tolerate shit that was happening around me.

^^^^^^^^^^^^^^
This. I am familiar with healthcare issues like yours. You have a license and last I heard nurses were in demand. Move on.
 
Posts: 11304 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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ador has posted concerns about improper care for patients. He has been advised by more than one health care professional, in this thread, to move on.

How does that help the patients?



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Posts: 26004 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
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Precisely my thoughts. And moving to another unit does not guarantee to be any better. I stand for my patients as I truly care (believe it or not). I voice out my concerns and emailed my then manager (now Nurse Exec) and Asst Manager (now my manager) and told them I would go above their heads if nothing changes/improves. Nothing changed for the better. Then… I was given a “written warning” about not meeting some standards (89.7 efficacy vs. 90% they require). What are the odds of that happening after I made my reports? That is what forced me to file my EEOC complaint.

Leaving my unit will NOT solve the issues. Yes. It may save my license. But for the patients, they will continue to receive lesser quality of care. They need to look from the ADMIN all the way down to the lower levels of staff.

I dont claim to be the best there is. What I see just make me sick to my stomach sometimes.

quote:
Originally posted by V-Tail:
ador has posted concerns about improper care for patients. He has been advised by more than one health care professional, in this thread, to move on.

How does that help the patients?


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Posts: 1704 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
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HR is not there to protect you, they are there to protect the company from liability.

I had a problem manager. He was from India, regularly expressed hatred for specific ethnic groups and countries of origin, used anti-white racial epithets as jokes and challenged my "right to be offended" when I asked him to stop, talked about my personal life to people outside our organization behind my back and vehemently denied it when he got caught, and finally descended into screaming at me in meetings in front of the entire team, while I remained calm at all times.

After the last outburst I'd had enough, and our Director had basically done nothing (maybe he tried but it didn't do any good) despite my reporting the incidents multiple times and him witnessing many of them. I reported it all to HR and the Executive Director by email, then had an interview with HR where they of course made it out like I was the unreasonable person.

In the end, HR may have slapped him on the wrist and put him through some training, but the only tangible result was that I did not work for him any more, but we remained on the same team reporting to the same director, in adjacent desks. In the final disposition meetings they gave me "feedback" that distorted the actual events to make it seem like I was somehow at fault. The Indian then proceeded to give me the silent treatment for a year or so until he got a promotion to Director and relocated to another part of the company.

Despite zero tolerance for harassment, racial slurs, and retaliation, nothing happened. Why? Because as a 40-something white guy I have no real legal standing to sue because I am not in a protected class. And that's really all there is to it.

For the OP:

Unless you have evidence that you were targeted for the bad review because you are in a Federally protected class with respect to race, ethnicity, sex, disability, or Vietnam veteran status, then the case can be dismissed. Reporting misconduct of peers or managers with regard to patient safety seems more appropriate to a medical licensing board or similar.
 
Posts: 3374 | Location: Indiana | Registered: December 28, 2004Reply With QuoteReport This Post
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quote:
Originally posted by V-Tail:
ador has posted concerns about improper care for patients. He has been advised by more than one health care professional, in this thread, to move on.

How does that help the patients?

^^^^^^^^^^^^^^
You have to help yourself before you help patients. There are big differences between healthcare systems. I know many nurses that look forward to work daily. Move on to something more fufilling where you can work effectively.
 
Posts: 11304 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
Oriental Redneck
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quote:
Originally posted by ZSMICHAEL:
quote:
Originally posted by V-Tail:
ador has posted concerns about improper care for patients. He has been advised by more than one health care professional, in this thread, to move on.

How does that help the patients?

^^^^^^^^^^^^^^
You have to help yourself before you help patients. There are big differences between healthcare systems. I know many nurses that look forward to work daily. Move on to something more fufilling where you can work effectively.

Yup.
ador will do what suits him.
But, speaking for myself only, again, if I were in his situation (as a nurse), short of reporting these unsafe nurses to the state board of nursing (as suggested above), I've done my more than enough to try to change the system, to the point of getting frustrated and stressed out. That means my health is affected. Staying, hostile work environment, nothing changes, my health is compromised. Leaving, still nothing changes there, but more than likely my health will improve. Shitty workers are everywhere, not just at ador's place. But good workers are everywhere, also. So, I'll be outta there.

But, if I am the doc there that ordered stuff that don't get done, these nurses are not going to get away with their shit. Wink


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Posts: 21887 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
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Too late now, but I wonder if having an attorney would have made a difference/at least make them pay attention. I know about the cost but maybe there are pro bono ones?

Or, maybe look for one so you're prepared when they retaliate.
 
Posts: 3671 | Location: North Carolina | Registered: August 16, 2003Reply With QuoteReport This Post
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