(NEW YORK CITY) – The U.S. Equal Employment Opportunity Commission (EEOC) in New York City has notified the New York State Nurses Association (NYSNA) that it has issued a determination, finding there is reason to believe the City of New York's refusal to designate the jobs of nurses and midwives as physically taxing constitutes illegal discrimination against women on the basis of gender in violation of Title VII of the 1964 Civil Rights Act.

The ruling is the result of a class action gender discrimination claim NYSNA filed with the EEOC in August 2008 because of New York City’s refusal to provide nurses and midwives with the same rights afforded to other workers with “physically-taxing” jobs.  The ruling requires the city to come to an agreement with NYSNA or face a possible lawsuit.

The city has classified more than 300 jobs, mostly in male-dominated fields, as physically-taxing occupations, thus allowing workers to retire with 25 years of service at age 50 with a full pension.  The physically-taxing list includes jobs such as assistant locksmiths and gardeners, but not nurses and midwives - despite the fact that nurses lift the equivalent of 1.8 tons per shift, spend most of their shift on their feet, and are routinely exposed to both hazardous and stressful conditions.

“This is a huge victory, and an important recognition of the value and physical stress of the work that nurses do every day,” NYSNA CEO Tina Gerardi said. “We know that our profession can take a toll on nurses, in some cases forcing them to retire early.  It is only fair and right the city provides nurses and midwives with the same benefits that it provides to other workers with physically-taxing jobs.”

The next step of the EEOC process involves the EEOC attempting to bring the parties together in talks to resolve the situation.  NYSNA is welcoming the opportunity to sit down with the city and Union Officials say NYSNA - which  represents approximately 8,000 nurses employed by the New York City Health and Hospitals Corporation (HHC), the city’s public hospital system - is committed to achieving a fair resolution for the nurses and midwives.

“We’re thrilled with the EEOC ruling,” said Lorraine Seidel, MA, RN, director of the Nurses Association’s Economic and General Welfare program.  “This is yet another example of our commitment to strong advocacy for our collective bargaining members, but it is likely not the end of the fight.  We will never abandon city nurses and will continue to fight to obtain the benefits that should rightfully be theirs.”

NYSNA - The Voice for Nursing in the Empire State - represents more than 36,000 members, and is the state's largest professional association and Union for RNs.  NYSNA supports nurses and nursing practice through education, research, legislative advocacy and collective bargaining.