Judge Abraham Jones ruled that UNC Hospitals discriminated against Robin B. Smith in 2000 by hiring a younger, less experienced white male. Smith, 43 at the time, had more years of experience for the MedTech III position in the histology department, which deals with tissue samples.
The ruling reverses a previous decision, made two years ago, in which the N.C. Office of Administrative Hearings and the State Personnel Commission ruled that UNC Hospitals had not discriminated against Smith in its hiring practices. Jones wrote in the ruling that the SPC's standards for proving discrimination were too high.
The new decision requires UNC Hospitals to rehire Smith, to promote her to the position she had applied for, to pay her back wages as if she had received the position two years ago and to pay her attorney fees.
The ruling states that Howard Parker, who was responsible for the hiring of the Med Tech III position, chose Albert Basabe, 38 at the time, over Smith. According to the decision, Basabe had previous social interactions with Parker, including caring for his pets and accepting a dinner invitation at his residence.
According to court documents, UNC Hospitals argued that Basabe received the position because he had a higher score with Targeted Selection, a personnel selection technique based on a point system and involving a panel of interviewers. Basabe and Smith were interviewed by an all-white panel that had minimal knowledge about histology, the ruling states.
Jones wrote that "the hospital's reliance on the 'higher score' excluded the comparative experience, training and skills of the two candidates." He also noted that the hospital violated state hiring practices in the promotion.
Jones also ruled that Smith had provided sufficient evidence of racial tension within the laboratory. For example, she claimed racist comments, such as "The blacks are getting on my nerves today," were allowed in the workplace.
There also was an incident in which Smith was given a tissue sample infected with a deadly human variant of mad cow disease. This violated hospital policy that requires any sample infected with this type of disease to be sent to a better-equipped facility. Although Parker gave Smith time off after the incident, he showed no concern for her well-being, Jones wrote.
Smith, who resigned from UNC Hospitals more than a year ago, said she is pleased with the final outcome.
