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News :: Gender and Sexuality |
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Fired Urbana Nurse Continues Fight, Gets Help From Chicago |
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by Kimberlie Kranich
Email: kakranich (nospam) yahoo.com (verified) |
10 Oct 2002
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Fired Urbana Lesbian Nurse's Legal Case gets boost from Chicagoans at Matthew Shepard Anti-Violence March Saturday. |
Chicago Marchers Donate to Fired Lesbian Nurse's Legal Case
Chicagoans who remembered gay college student Matthew Shepard on the anniversary of his death also gave generously to the legal case against Carle Foundation Hospital in Urbana brought against them by Lynn Sprout, a pediatric nurse and manager, who was fired from Carle after she came out as a lesbian.
Ms. Sprout was a keynote speaker at a Matthew Shepard anti-violence march October 5 in Chicago sponsored by the Chicago Anti-Bashing Network and It's Time
Illinois.
Lynn told the crowd of 400 that hospital administrators harassed her and gave her no support when she told her employer that her same-sex partner of 18 years, Linda Schurvinske, was terminally ill and dying.
"This lady was my family and the love of my life," Sprout said. "I had a right to take care of her. Carle told me she was not my family and not my responsibility."
Ms. Sprout has filed a discrimination claim with the city of Urbana under its Human Rights Ordinance. The ordinance prohibits discrimination based on sexual orientation in employment, housing, public accommodations and credit.
Ms. Sprout is represented by employment attorney, Traci Nally, of Nally, Haasis and Bauer in Champaign.
"It is our belief that under the Urbana Ordinance, Carle Foundation Hospital must provide family and medical leave and bereavement leave to domestic partners of homosexual employees," Ms. Nally said.
"This is a landmark legal challenge," said Kimberlie Kranich, co-founder of the 85% Coalition, a direct action group supporting Ms. Sprout's case. "If Lynn wins her case, cities and states across the country with local ordinances similar to Champaign-Urbana's may have to grant family medical leave to homosexual employees whose domestic partners are ill."
The federal Family Medical Leave Act does not apply to homosexual employees with domestic partners, but federal law also recognizes that local laws could be more
inclusive and provide greater protections. The federal law would not invalidate more expansive local laws.
Carle Foundation Hospital, in a statement released to the press, denied any wrongdoing and said that it does not discriminate against its lesbian and gay employees. The hospital admitted that it denied Ms. Sprout family leave and bereavement leave, but reasoned that this did not amount to discrimination because the hospital also denies such leaves to heterosexual unmarried partners.
Ms. Sprout was employed as a pediatric nurse at Carle Foundation Hospital for 15 years, the last three as a manager. When her same-sex partner became ill with non-alcohol related liver disease, Ms. Sprout took vacation days to care for her. Hospital administrators didn't approve, but instead of offering Ms. Sprout family leave, they offered her the choice of a severance package or a 90-day probation period. Ms. Sprout refused the settlement package and chose probation.
"I admit that I didn't have my head in my job when Linda was ill and dying," Ms. Sprout said. "But I'm a darn good nurse. My job was part of my identity. During the last week of Linda's life, I missed work entirely. The hospital told me that if I valued my job, I would return or be fired for abandonment."
When Linda Schurvinske died, Ms. Sprout had no vacation days left to attend her funeral. Her staff donated their time so Ms. Sprout could bury Ms. Schurvinske.
Ms. Sprout passed her 90-day probationary period.
"The hospital told me that they were surprised that I had pulled myself out of this 'mess,'" Ms. Sprout said. "This wasn't a mess. This lady was my life."
Six month's after Ms. Schurvinske 's death, Carle Foundation Hospital fired Ms. Sprout.
Ms. Sprout's legal challenge seeks reinstatement of her job and a family, medical and bereavement leave policy for homosexual employees at Carle Foundation Hospital.
Ms. Sprout now works at a nursing home in Champaign for $20,000 less per year than her job as a pediatric nurse manager at Carle.
Marchers at the Chicago anti-violence rally donated $524 to Ms. Sprout's legal fund. |
