Paula Portnoy vs. ABC Nursing Group (2018)

Registered Nurse Paula Portnoy is an African-American who is about 50 years old. Paula was an experienced nurse with a long career serving the nursing needs of her central NJ patients. She was a single mother who also took care of an elderly and ailing father.

Paula would work for 3-5 years for a nursing group, then move on to a similar group in the same region. Paula’s last employer was difficult for her. Her immediate supervisor, a Caucasian nurse in her early 40’s, was extremely critical of African-American nurses and did not allow them to do certain tasks within their training and experience. She also dissuaded Paula from seeking a promotion, stating “this work will be too hard for you.”

Things got worse for Paula when she injured her back moving a disabled patient. The supervisor was extremely unsympathetic, and insisted that Paula continue all of her normal duties, including pushing a heavy drug cart on rounds, which Paula was unable to do. Eventually, ABC Nursing Group fired Paula for “performance issues”.  Paula sued the Nursing Group for wrongful firing, race discrimination, and violation of her NJ Law Against Discrimination Rights.

After lengthy paper exchange and interrogatory answers, plus Paula’s sworn answers at a deposition, this matter went to mediation. The employer’s counsel produced a supposedly “devastating” video of Paula dancing the day after she said she was hurt. Paula called it “old lady dancing” and, for a woman in her 50’s, that’s exactly the kind of dancing she was doing.  After significant and lengthy negotiations, this matter settled for an undisclosed sum that satisfied both Paula and her last employer. Paula is now full-time employed for another nursing group, where she is doing well and is well treated.