NJ Hospital Failed To Address Racist Language At Work: AG

Princeton NJ

10 February, 2022

1:10 PM

Description

MERCER COUNTY, NJ — A Capital Health worker, who is Black, had to deal with racially offensive language at work, but her firing after two years was not a clear case of retaliation, according to an investigation through the Attorney General's Office. Acting Attorney General Andrew J. Bruck announced that the Division on Civil Rights (DCR) has issued a Finding of Probable Cause against Mercer County-based Capital Health Services over its alleged failure to "effectively address" a Black employee's complaints about the use of racial slurs and stereotypical references in the workplace. While Capital Health did take action in response to two workplace conversations, DCR found that the action was insufficient in addressing broader allegations, Bruck said. The employee said she had experienced racially inappropriate remarks at work on multiple occasions over a six-month period. The employee who worked as an electronic billing representative at the Lawrenceville location since 2016, was fired from her job on Sep. 13, 2019, for "being eight minutes late to work," according to the Partial Finding of Probable Cause document. Capital Health Services has around 4,300 employees and operates two hospitals and 22 outpatient facilities in New Jersey. Racial Language at the Workplace The woman alleged that in the summer of 2019, a co-worker used a racial slur in conversation with her. She also told management about the same co-worker's alleged engaging in racial stereotypes such as "you people love pit bulls," asking why Black people are "so loud," inquiring as to whether she got her "baby daddy" a Father's Day card, and stating why her husband would never marry a black woman, stating all they care about is "purses and hair weaves." DCR found that the co-worker who used a racial slur is the mother of a bi-racial son. The bi-racial son was being bullied at school and, the co-worker said her use of a racial slur was only to illustrate for the complainant some of the racist languages that had been directed at her son. The investigation also found that after initially approaching her immediate supervisor about the conversation, the woman wrote an email to Capital Health's vice-president of human resources in August 2019. In that email, she alleged that she'd experienced another offensive encounter with the same co-worker and that this time the co-worker had made a "you people" reference during their conversation, according to Bruck's office. In her email, the complainant also made reference to multiple "racial undertone conversations" she'd experienced in the workplace that made her "very uncomfortable." While Capital Health took no action after the woman approached her immediate supervisor in June 2019, it did take action after the August 2019 email to human resources. DCR's investigation found, that Capital Health met separately with both employees to discuss the issue, cautioned the offending co-worker, and moved the co-worker's workstation away from the complainant's workstation. Case Can Now Proceed The Finding of Probable Cause, notes that Capital Health initiated no investigation and took no action in June 2019 after the complainant first spoke to her immediate supervisor about her co-worker's use of a racial slur. "Although it seems self-evident, this case serves as a reminder that an employee report that offensive language, including the word "n*gger", are being used in the workplace, triggers the employer's obligation to take swift remedial action," DCR Deputy Director Rosemary DiSavino said in a media release. Bruck said the state was "committed" to promoting racial justice. "We expect employers to know and understand their obligations under the law in this important area, including by appropriately investigating and taking action to address the use of racial slurs and other discriminatory language in the workplace," he said. A spokesperson for Capital Health told Patch that the organization cannot comment on the specific situation since the case was ongoing, but said they were committed to offering a discrimination-free workplace for all employees. "As one of the largest employers in a diverse community for more than 100 years, Capital Health is an organization committed to offering a workplace that provides respect for both our employees and patients, and that leaves no room for discriminatory or racially inflammatory language or actions," said Kate Stier, Director of Public Relations. "Over the last several years, Capital Health has brought additional focus to issues of equity, diversity and inclusion, as well as a culture that empowers all employees to speak up and be heard when dealing with an issue that does not meet the organization's expectations of behavior or safety. Our Equity, Diversity and Inclusion Council is specifically focused on building strategies for even greater education, awareness, and representation, and our work as a socially responsible organization is ongoing." A Finding of Probable Cause means DCR has concluded its preliminary investigation and determined there is sufficient evidence to move the complaint forward procedurally based on a reasonable suspicion the LAD has been violated. People who believe their rights under the LAD have been violated can file a complaint with DCR by visiting https://bias.njcivilrights.gov/ or calling 1-833-NJDCR4U (833-653-2748). Thank you for reading. Have a correction or news tip? 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