Know The Law: Patients Demanding To Be Assisted By White Only Health Care Providers

Published in Union Leader, April 2012

Q: I operate a nursing care facility in New Hampshire. One of my patients is demanding to be assisted by white only health care providers. I fear that if I don't do this, I will lose the patient. Can I honor this request?

1. This is not an uncommon question in the service industry. In your situation it is a patient demanding white only care providers but it also comes up when, for instance, a restaurant patron asks for a white only server, or a customer of a business asks for a white only account representative. The answer in all cases is NO. It would be a violation of equal employment opportunity laws if an employer honors a patient or a customer's request that he or she not be served by someone because of their race or color.

The main law which applies in these cases is Title VII of the Civil Rights Act of 1964. This Federal law prohibits discrimination in employment on the basis of race, color, sex, religion or national origin. Title VII prohibits an employer from discriminating in any way regarding terms and conditions of work including segregating or classifying employees in any way which would deprive employment opportunities or adversely affect the status as an employee, because of race, color, religion, sex or national origin. Many states, such as New Hampshire, also have state laws which are very similar to the Federal discrimination laws.

An employer can classify employees on the basis of religion...