In Discrimination Complaint, Children’s Hospital Chief Says OHSU Unlawfully Terminated Her After She Raised Concerns Over Medical Practices

The lawsuit follows an email sent last week from Black employees to OHSU's leadership calling the hospital an "enabler of racism."

Oregon Health and Sciences University. (Wesley Lapointe)

A Black woman hired in 2018 as the interim chief nursing officer for Oregon Health & Science University's Doernbecher Children's Hospital says in a new lawsuit that she was unlawfully discriminated against and terminated after raising concerns about medical practices.

In the complaint, filed Sept. 8 in Multnomah County Circuit Court, plaintiff Rhonda Foster accused OHSU, her former manager and the headhunter agency through which she was hired of unlawful discrimination, unlawful retaliation, breach of contract and wage penalties.

Foster, who was hired for a 12-week contract beginning in November 2018, says when she raised concerns about what she viewed as questionable medical practices, they were dismissed and she was perceived as an "angry Black woman."

Foster says she raised concerns to management about three particular incidents, including one in which a child patient received a transplant—a cadaver part—to an incorrect part of their body. (It was a left body part but was instead placed on the right side of the child's body.)

"The report Plaintiff heard was the surgeon had 'made it work,' without informing the parents of the patient that the incorrect body part was used," the lawsuit alleges.

Foster, who is being represented by Portland attorneys J. Ashlee Albies and Quinn Kurantz, also told management that she was concerned about safety measures when a minor patient escaped from the hospital. She described another questionable incident in which a child had what appeared to be a "tear" on their body.

"After further inspection, the tear turned out to be a burn the child received as a result of the hospital's care," the complaint says. "Nursing staff failed to acknowledge the injury and take responsibility for it, which meant that it was not being treated properly as a burn. When the mother of the child expressed concern for the injury, OHSU Staff dismissed the mother's concerns."

Foster says when she brought these concerns to her manager, the manager was "unreceptive," and Foster believes the manager demonstrated a "willingness to ignore patient safety in order to protect the hospital."

In subsequent meetings with her manager, Foster says, she was told to straighten her hair—which is naturally curly—when interviewing for a permanent position. That same manager questioned Foster's ability to afford to live in Lake Oswego, and asked her if it was "the right place" for her—a reference, the lawsuit says, to the fact that Lake Oswego has a reputation of being unwelcoming to people of color.

During a separate meeting, Foster says she inadvertently made a hospital leader cry when she raised concerns over patient health and safety. Her direct supervisor reprimanded her as a result, the lawsuit says. (The complaint notes that, during the hiring process, Foster had two references who gave her the highest possible ranking for her interpersonal skills.)

"In essence," the complaint says, "[the supervisor] was relating what she and other employees perceived to be the stereotypical 'angry Black woman.'"

Less than three weeks after she began her job, Foster was terminated. OHSU did not provide a reason for the termination, the lawsuit says.

Foster is seeking $110,000 in damages—over $9,100 for wage penalties and $101,730 for breach of contract.

In an email to WW, OHSU spokeswoman Tamara Hargens-Bradley said the hospital cannot comment directly on the lawsuit because of employee confidentiality.

"OHSU takes seriously and investigates all allegations of discrimination, harassment and retaliation, in accordance with our policies, procedures and Code of Conduct. Such behavior is subject to discipline, up to and including termination," Hargens-Bradley said. "OHSU embraces a culture of inclusion and encourages employees, learners, patients and visitors who witness harassment or discrimination at OHSU to report it to Public Safety, Affirmative Action and Equal Opportunity or Human Resources."

Today's lawsuit follows an article last week in The Lund Report, which said Black employees at OHSU accused the hospital of being an "enabler of racism" in an email sent to board members, union leaders and administrators.

The email, sent Aug. 31, accused OHSU's leadership of failing to address incidents of racism.

In the letter, the employees point out that Black people make up only 3% of the hospital's staffing and even fewer leadership positions.

Back in April, an OHSU employee posted two separate images of nooses in a work chatroom online. OHSU President Danny Jacobs said in June that the hospital "took strong disciplinary action" but did not fire the employee.

The Lund Report noted four separate noose incidents related to OHSU in the past year, including one in November 2019, the two in April of this year, and another at a construction site in June 2020.

"OHSU has dealt with 4 noose incidents and not one substantial action item has taken place," the email, obtained by The Lund Report, says. "That realization paints OHSU as an enabler of racism despite what the leaders say."

In June, Jacobs, who is Black, denounced the noose imagery and said the hospital is taking steps toward better equity and accountability.

"Let me be clear: OHSU will not tolerate racist actions, imagery or speech," President Jacobs said in a statement. "Having to address another noose incident in our own work community amid the tragic killing of Mr. Floyd is incredibly disturbing. It is appalling that one of the most deplorable and feared symbols in American history was posted in a workgroup discussion."

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