Workplace Racism: The C.O.W.S. with Benita Blocker

I was laid off from Carolinas Healthcare System because CHS wanted a consistent business model between their two nursing homes at least that is what they told me. But I feel that Carolinas Healthcare System would rather eliminate a position entirely before they would give it to an overqualified Black female such as myself.

CHS has had documented instances of Blacks filing EEOC charges since 1974. This is over 40 years of Blacks feeling that they can not advance within Carolinas Healthcare System as well as Blacks feeling blacklisted and retaliated against when they do speak up for the employee rights.

They are a multi-billion dollar public, non-profit organization that can do better and that should do better. I want to empower employees to watch the dynamics of their work environments so that they can identify when to move on to another company or another department before it gets unbearable.

 The EEOC can document employee discrimination complaints, but the EEOC can not save employee jobs. I spoke about these issues and more on the February 18, 2014 segment of "Context of White Supremacy" (The C.O.W.S.). Visit http://www.blacktalkradionetwork.com/2014/02/the-c-o-w-s-w-bonita-blocker-workplace-racism/

Search for the date 2/18/2014 in the show archives to listen to the three hours segment.

This program also discusses the concept that "fair" refers to a White Supremacy standard.  So the term "workplace fairness" should really be termed "workplace justice" or workplace "correctness."  It's a power packed three hours with a pre-recorded opening discussion before the main discussion.  Listen and Learn.

A direct link to the broadcast: http://recordings.talkshoe.com/TC-124171/TS-831775.mp3

February 2014 snow in metro Charlotte, NC

 The snow accumulation is still blocking sidewalks in parts of Charlotte, NC.  So who's responsible for clearing the sidewalks for pedestrians?

These pictures reflect how much accumulation is still left on the sidewalks days after the February 2014 snow blizzard.  The accumulation was much, much  higher.

Example:  BEFORE picture below

And the after picture as the snow is melting away.


February 2015 brought snow too!

The "white stuff" is snow in the flower bed.  February 2015.

CHS and EEOC have Four Decades of History Together

As early as 1974,  Charlotte-Mecklenburg Hospital Authority, also known as Carolinas Healthcare System, has had employees filing EEOC charges on the basis of race discrimination as documented in this case:
http://www.ecases.us/ca4/1978/1/353283

Even retaliatory actions have been alleged since 1974 in association with the organization best known as Carolinas Healthcare System.

When I first spoke with the CHS Human Resources' "neutral party" in 2010, she was very relaxed and seemingly at ease with the fact that I had filed an EEOC charge against the company.  She even mentioned that these cases take about two years to be resolved.  That was indeed a sign that employee grievances and EEOC charges were a regular part of the CHS corporate culture.

Typically, EEOC asks employers to respond to EEOC charges within 30 days.  Carolinas Healthcare System typically waits until the end of the response deadline and then ask for an extension to respond.  So 90 days from filing a complaint with the EEOC is about the soonest that the EEOC may get a response from CHS.

I thought this behavior was strange as if the EEOC was being "relaxed" about how slow Carolinas Healthcare System was at responding to them.  I wondered if they were working together or if maybe CHS had sued the EEOC before.  Then I found it!

Yes,  Charlotte-Mecklenburg Hospital Authority had a case against the Equal Employment Opportunity Commission back in 1978 over the Freedom of Information Act.

This is a snapshot of the case:

571 F.2d 195  4th Circuit 1978

CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, Appellee,
v.
Lowell W. PERRY, Chairman of the Equal Employment
Opportunity Commission and the Equal Employment
Opportunity Commission, Appellant.
CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, Appellant,
v.

Lowell W. PERRY, Chairman of the Equal Employment

Opportunity Commission and the Equal Employment
Opportunity Commission, Appellee.

Charlotte-Mecklenburg Hospital Authority (Hospital) brought this action against the Equal Employment Opportunity Commission (EEOC) pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552,1 seeking to compel production of sworn statements taken by the EEOC from charging parties in connection with employment discrimination charges against it. It, also, requested in its complaint an injunction against further proceedings by the EEOC until its application for relief under the FOIA was disposed of.

The facts giving rise to the action are as follows: In 1974, eight hospital employees, eight former employees and two employment applicants filed employment discrimination charges with the EEOC alleging that Charlotte Memorial Hospital discriminated against blacks in hiring, promotion, termination, job classifications and employment terms and conditions. Five employees later amended their charges to include allegations of retaliatory discharge. The representatives of the EEOC also procured from the charging parties statements under oath, supplementary of their charges, pursuant to EEOC's instructions, as set forth in its Compliance Manual.2

The EEOC gave the Hospital notice of the charges, including the names of the charging parties, the dates of the alleged violations and the general nature of the discriminatory charges. On May 1, 1975, the EEOC notified the Hospital that an investigation of the eighteen charges was to begin May 20, 1975. The Hospital thereupon wrote the investigator requesting copies of "the sworn statements (procured) from the charging parties which set forth the specifics of their claims." When the investigator failed to produce these "sworn statements," the Hospital denied the investigator permission to conduct an investigation and refused to allow him to enter its premises or to examine its employment files and records.

Please click on the link at the beginning of this article to reference more of this case.

Below is other court reference material for further research as well:

Nos. 76-2272, 76-2273.

United States Court of Appeals,
Fourth Circuit.

Argued April 4, 1977.
Decided Jan. 26, 1978.

Vella M. Fink, Atty., E. E. O. C., Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, E. E. O. C., Washington, D. C., on brief), for Lowell W. Perry and E. E. O. C.

John O. Pollard, Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for Charlotte-Mecklenburg Hospital Authority.

Before CLARK, Supreme Court Justice,* HAYNSWORTH, Chief Judge, and RUSSELL, Circuit Judge.

So don't you wonder if you can teach an old dog new tricks?

Review: Beautyrest Plush Luxury Heated Blanket

 With weather dipping into single digits, this Beautyrest heated blanket was a Southern comfort. Twenty settings.  10 is great for moderately cold nights.  15, 18, and 20 are great settings for really cold nights.

The heated coils run throughout the blanket so it is designed to lay on top of you versus trying to wrap it around you.  The full size blanket is large enough for a Queen size bed.

Regular pricing reflected $239.00 on the tag, but Tuesday Morning stores had them for less than $60.

It's washable and I love this heated blanket!

Workplace Personal Harrassment: Unfair but Not Illegal

CHS Employee story From:  http://www.justanswer.com/employment-law/3wfle-employeed-carolinas-healthcare-system-rn.html

Customer Question  (from 2011)

I was employeed for the Carolinas Healthcare System as a RN but was terminated by a fellow employee who was promoted to charge nurse. This charge nurse has harrassed me, wrote me up on several occasions, stating lies. All my write ups had NOTHING to do w/ patient care. I strongly feel I was wrongly terminated, I also can prove that this charge nurse and manager have violated policies within the system with no repercussion to them. I am currently fighting this through HR. Patient safety issues have been violated w/ no repercussion. We have had an employee who carried on sexual relations w/ a physician in our dept. w/ no repercussions to her. There is so much going on but HR I feel is not listening. I have been a RN in a critical care field since 1994 and have NEVER had this many problems as I have had w/ this fellow employee who then was promoted to charge nurse. Is there anything else I can do to get my job back and have those who actually violate policies be held accountable?

Submitted: 3 years ago.

Category: Employment Law

Expert:  Allen M., Esq. replied 3 years ago.

Chat Conversation Started

Jagcorps_esq :

Unless you can show that the harassment was based on race, religion, gender, age, disability or FMLA use, it is unlikely that you will get your job back,.

Jagcorps_esq :

Now, that does not mean that you have no potential claim.

Jagcorps_esq :

It's just that the remedy the court may consider would not be reinstatement, but rather, monetary damages.

Jagcorps_esq :

Your claim would breach of an implied contract as created by the company policy.

Customer :

the harassment is on a personal level. She has abused her 'NEW" title and even in some of the write ups, she falsified her statements. It just doesnt seem fair that this could be allowed to happen. I even asked to be transfered out of that dept 2 weeks before they fired me.

Jagcorps_esq :

Regrettably, personal harassment of that type is not made illegal by external la3w.

Jagcorps_esq :

law.

Jagcorps_esq :

You will have to rely on company policy on that issue.

Jagcorps_esq :

Now, you can sue her personally for defamation of character.

Jagcorps_esq :

If she made false statements against you, you can show the harm they have caused.

Jagcorps_esq :

But your recourse against the company is going to be controlled by their policies and an implied contractual claim.

Customer :

I now of a RN who sedated a pt, left dept completely to get a milkshake from her husband and the pt went into resp distress...BIG safetyissue and once a pt is chemically sedated, a nurse is NOT to leave pt.....this RN should have been terminated but nothing happened to her

Jagcorps_esq :

Ok. That is another issue entirely. Unless you can show that that person was kept and you were fired based on an illegal motivation like the ones I previously mentioned, it doesn't help you much.

Jagcorps_esq :

I can be used as just another example of how they did not follow their policy, breaching it.

Customer :

what kind of lawyer can i use for defamation of character, and i know for a fact that policies have not been followed...i do have documentation.

Jagcorps_esq :

An employment law attorney for the policy violations.

Jagcorps_esq :

A personal injury attorney for the defamation.

Jagcorps_esq :

A plaintiff's employment law attorney though can most likely handle both issues.

****To read the entire chat discussion, please click on link at the start of this article.****

This is yet another Carolinas Healthcare System employee story with similarities to my story with CHS.

1) I also asked for a transfer to another department prior to being laid off since my employment relations were not improving under the new management.

2) I have witnessed people contributing reckless information and hearsay to reports as if it was factual.

3) In addition, I felt that CHS Human Resources does not listen to their non-management employees.

4) I have also experienced workplace aggression to the point that I had to report the tension to Human Resources, and they apparently passed the message on to management to cease the gossip, the head turning, the eye rolling, the stares,  and the bullying.   I am proud to say that "CHS Human Resources" did make a positive impact in my situation when it came to workplace aggression.  Considering I had previously concluded that CHS Human Resources personnel were only good at "collecting their paychecks," this is indeed a compliment coming from me.

As an advocate against workplace discrimination, I will continue to help others by increasing awareness of unfair workplace and/or employment discrimination cases.