Plaintiff fits within the description of an aggrieved person. The Defendant does not deny that it prevented Mr. Wilson, on two separate occasions, access to care for female patients to whom he was assigned by the Professional Nurses Registry.
The Professional Nurses Registry assigns nurses on its list to job opportunities as requests are phoned in by hospitals or individuals. The assignments are made by the Registry in a nondiscriminatory fashion. If a particular request is conditioned upon the assignment of a nurse that is of a certain sex, race, religion, or national origin, the caller is informed that the request will not be honored, and the call not accepted. Nurses are assigned on a first come first serve basis. The patient, when the nurse arrives to render services, may "reject" the assigned nurse for no reason, and request the assignment of another nurse. The patient, however, is required to remunerate the "rejected" nurse for the services that were to be rendered had the nurse been accepted by the patient for that day. In this respect, an individual may discriminate, but he must pay for the services that would otherwise have been rendered.
In this case, Mr. Wilson was assigned on two separate occasions, by the Registry, to render services to two patients, both of whom were female. Mr. Wilson, on both occasions when he appeared on the hospital floor to render service to these patients, (but before the patients had opportunity to accept or "reject" said services), was informed by the hospital staff nurses that he could not work for these respective female patients because he was a male.
The hospital staff nurses accomplished on the floor of the hospital what neither the hospital nor the patient could obtain by phone from the Registry. The hospital, when it originally phoned in the request for services to the Registry, could not limit its request for nurses as to sex. Furthermore, due to Mr. Wilson's "rejection" by the hospital staff nurses, as opposed to a "rejection" by the patient, he was unable to receive payment of any kind that he would normally have received had it been the patient who "rejected" his services. The system of the Professional Nurses Registry is created to prevent this very type of discrimination. The hospital should not be permitted to circumvent the deliberate safeguards against discrimination that have been established. The action of the hospital staff nurses on the floor of the hospital is nothing more than avoidance of such established safeguards.
In a decision of the Equal Opportunity Commission concerning the subject matter of this very complaint, and dated December 24, 1970, it was found that reasonable cause existed to believe that Sibley Memorial Hospital violated Title VII of the Civil Rights Act of 1964 as alleged. This Court completely agrees with this initial finding by EEOC and sua sponte grants Summary Judgment in favor of the Plaintiff, Verne Wilson.
For the above stated reasons, it is on this 3rd day of April, 1972,
Ordered, that the Motion of Defendant, Sibley Memorial Hospital, to Dismiss Or In The Alternative For Summary Judgment be and hereby is denied, and further,
Ordered, that Summary Judgment for the Plaintiff, Verne Wilson, be and hereby is granted.
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