LEAP fights anti-Black racism

“Anti-Black racism is deeply ingrained in the nursing profession,” says LEAP Team Legal Counsel Adrienne Anderson. “At LEAP, we see how Black nurses often receive differential treatment from their employers for practice issues that would not result in discipline for non-Black nurses. We also observe that Black nurses are more likely to be the subject of complaints by patients and their families, and many of those complaints involve communication concerns that play on racist tropes and stereotypes.”

A recent example shows how LEAP successfully presented arguments to the Inquiries, Complaints and Reports Committee (ICRC) of the College of Nurses of Ontario (CNO) about the ways that systemic racism has directly affected ONA members. The case was regarding an employer report to the CNO. 

“The Black nurse was accused of participating in a practice that breached a CNO’s standard,” Anderson explains. “While other nurses on the unit either participated in the same practice and/or knew about it and failed to report to their employer, the Black nurse was the only staff member terminated for her involvement.”

In fact, Anderson notes that no other staff members received any form of discipline. Instead, they were asked to attend an education session by the employer. The terminated member contacted LEAP. 

“A critical piece of our work at LEAP and as LEAP lawyers is to listen carefully to the member’s side of the story to understand the context of the reported incidents and what may have contributed to their actions,” she states. “In this case, the member told us about being targeted by a manager who constantly scrutinized her practice and regularly overlooked Black nurses, despite being the most senior on the call-in list, in favour of White colleagues.”

LEAP lawyers interviewed other Black nurses at this facility and heard similar experiences about bullying and harassment fueled by anti-Black racism. They then prepared a submission to respond to the allegations on behalf of the member, highlighting the “overwhelming anti-Black racism,” with specific examples of harassment and discrimination.

“We also referenced the Registered Nurses’ Association of Ontario’s Black Nurses Task Force report,” notes Anderson. “This report speaks to how Black nurses have been afraid to speak out about microaggressions, discrimination and racism in their workplaces, and describes the devastating impact that systemic racism has had on the experiences and mental health of Black nurses.”

The ICRC considered LEAP’s strong argument in its decision.

“The committee specifically referenced the systemic issues that contributed to the reported issue and took no action as a result, which is the best possible outcome,” concludes Anderson. “Needless to say, the member was very pleased with the decision and thanked us for listening and not dismissing her experiences of racism like many had done before.”