Los Angeles, CA asked in Civil Litigation and Civil Rights for California

Q: I am nurse and my previous director was not welling to allow me practice same as others, is it discrimination?

I m a wound specialist nurse, there are two other nurses in the last organization which practice totally different then me. When I brought it up to my director that I like my role and practice to be the same as the other ones, she said she doesn’t believe in that model. I was burnt out so I quit my job. Recently I found out that she hired another wound nurse who is her friend of 20 years for my position and she allowed her to practice just like the other two wound nurses, what I was asking the director to consider when I was there and she firmly said no to. Also, before I quit during the my new with her I asked to go part time so I can find another job as supplemental income so I can pay my bills, her response was no either full time or nothing. I m wondering if this is discrimination and I can legally approach this

2 Lawyer Answers
James L. Arrasmith
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A: It sounds like you may have experienced unfair treatment in your previous job, and it's understandable that you're concerned. Discrimination occurs when someone is treated differently because of a protected characteristic such as race, gender, age, or disability. If you believe your director's actions were based on one of these factors, it may be worth exploring whether discrimination played a role in how you were treated compared to other nurses.

On the other hand, differences in management decisions or preferences about work styles, without any connection to a protected characteristic, may not necessarily rise to the level of unlawful discrimination. The fact that she hired a friend could raise concerns about favoritism or unfair treatment, but that isn't always considered discrimination under the law unless linked to those protected characteristics.

It might help to speak with an attorney who can review the specifics of your situation and offer more personalized guidance. If you feel your treatment was unjust, it's important to understand your rights and whether you can take legal action.

Tim Akpinar agrees with this answer

1 user found this answer helpful

A: In order for your director's action to be considered a discrimination, her actions in denying you the practice must be based on legally protected characteristics (e.g. race, religion, ethnicity, age (over 40), sex, sexual orientations, etc.) She did not allow you to practice as the other two nurses because of you belong to one or more category of protected class.

Tim Akpinar agrees with this answer

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