L03 Case Study Discussion: Overview

This discussion for this week will be based on a case study. Please read the case overview and study the exhibits before participating in the discussion. For the purposes of this case study Downtown refers to an inner-city location. Metroplex refers to the city suburbs.

COMMISSION AGAINST DISCRIMINATION

In Re Julius Watson,

-vs-

Southern County Area Medical.

CASE #26-6723

APPEAL

The Commission Against Discrimination (“CAD”) issued an Order directing South County Area Medical (“SCAM”) to draft an Affirmative Action Plan that will address the statistical shortfalls indicative of discriminatory recruiting and hiring practices addressed herein, which were established based on hearings conducted at Courtroom 106, Downtown, on February 23, 24 and 25, 2022, Administrative Judge Henry Remington (“the AJ”) presiding.

CAD’s customary practice is to hold hearings at the employer’s facility to provide efficiencies pertaining to availability of witnesses and documents. That is especially true when, as here, the Respondent is a healthcare facility. An exception was made in this case as the AJ, having presided over 15 hearings where he found that SCAM engaged in discriminatory practices, fears for his safety in a place he describes as so steeped in exclusionary and discriminatory practices that violations “permeate its walls.”

At issue was a petition filed by the Complainant, Julius Watson, a Black male employed as a laborer. Mr. Watson has been employed by SCAM for fifteen years, all of which he has spent in the labor pool. The demographic composition of the pool was as follows at the time relevant to his complaint:

Demographic Composition

Demographic	Number in Pool
Male	21
Female	8
White	8
Black	18
Hispanic	3
Total	58

On November 16, 2021, a selection for the position of leader of the labor pool was announced. Gladys Perez, a Hispanic female, was the successful candidate. Mr. Watson challenged that as discriminatory based on race and gender. Mr. Watson claims that he was more qualified than Ms. Perez based on his fifteen years of experience versus her eight years at the facility.

 Testimony of management personnel for SCAM established the following:

• That Ms. Perez had a superior history or performance, as established by evaluations.
• That Ms. Perez has an A.A. with a major in hospital administration whereas Mr. Watson has a GED.
• That Ms. Perez has never been disciplined while employed at SCAM whereas Mr. Watson was counseled for idleness during 2005, 2008, 2011, and 2013 and suspended for periods of three (2007), five (2009) and fifteen (2019) days for various infractions.  

AJ Remington held that Ms. Perez was the superior candidate and issued a finding of no discrimination concerning Mr. Watsons complaint, but that a pattern of systemic discrimination was established by statistics he developed because of evidence advanced during the hearing. Principally, he noted as follows:

Unskilled Workers

Category	White	Black	Hispanic	Asian
Labor Pool	8	18	3	0
Housekeeping	12	22	6	0
Food Service	16	29	3	0
Total	36	69	12	0

 

Skilled Workers

Radiologist	20	1	2	6
Psychiatrists	10	1	1	4
Surgeons	28	1	1	3
Dentists	8	1	1	2
Internists	17	1	3	6
Total	73	5	8	21

Click on the next page to see Exhibits 1-5.