Warned for insubordination, former Conway healthcare worker sues for discrimination
A former employee is suing a family healthcare provider in Conway, claiming she was asked to violate state health department rules and that she was discriminated against for her race and eventually fired.
Dwane Heyward said she was fired from Careteam Plus after she filed a complaint with the Equal Employment Opportunity Commission, a federal agency that enforces civil rights laws against discrimination in the workplace. The lawsuit was filed last week in Horry County court.
Heyward started working at Careteam Plus in August 2018 as a prevention coordinator, according to the lawsuit. Her job was to facilitate STI education activities and coordinate HIV testing.
In April 2019, Heyward’s evaluation performance indicated that she met or exceeded expectations in all categories, according to the filing.
In May 2019, Heyward was asked by her supervisor, Johanna Haynes, to contact owners of local gay bars to conduct STI testing. Heyward informed Haynes that the bars didn’t have secure locations to deliver the test results, which violates federal and state laws, manufacturer’s protocols, and Careteam Plus policy, according to the lawsuit. Haynes has served as the CEO of Careteam Plus for 16 years.
The lawsuit states that on Oct. 10, 2019, Haynes asked Heyward for a second time why there was no testing in local gay bars. The lawsuit claims that this action “undermined (Heyward’s) authority and further instituted a hostile work environment” for her.
Haynes asked Heyward for a third time why there was no testing done at local gay bars on Oct. 28, 2019, the suit states.
That December, Heyward filed a complaint with the Equal Employment Opportunity Commission, according to the filing. Two days later, she was warned at work that she was being insubordinate.
Less than a month later, Heyward was placed on administrative leave while Haynes conducted an investigation. The lawsuit claims that Haynes’ actions were in retaliation for Heyward’s complaints. Heyward responded by filing a formal harassment complaint with the Careteam Plus board. She then informed the board that she had filed with the EEOC.
After Heyward filed a complaint with the board, her new supervisors tried to set up a meeting with Heyward outside of work hours, according to an email quoted in the lawsuit filing.
Heyward wrote back in an email that she preferred meeting during Careteam Plus hours of operations “for my protection, safety and level of comfortability.”
“I am still an employee of Careteam Plus thus there should be no reason that a meeting cannot be conducted during Careteam Plus’ normal hours of operation,” Heyward wrote.
Heyward was fired after the email was received, according to the lawsuit. Her letter of termination was dated Jan. 31, 2020, but she did not receive it until Feb. 3.
The lawsuit states that Heyward’s severance package guaranteed her health insurance and benefits until Feb. 28. Heyward claims in the lawsuit that her benefits were terminated Feb. 5, 23 days before benefits were supposed to be cut off.
The lawsuit also states that after Heyward was fired, she applied for unemployment benefits with the South Carolina Department of Employment and Workforce and was approved for benefits “finding that she was not terminated for cause or any wrongdoing on her part.”
The lawsuit asks for an unspecified amount of money for lost wages and benefits.
“I cannot comment on pending litigation,” said Haynes. “But I can say that Careteam Plus is dedicated to diversity, inclusion, and non-discrimination. Our organization does not make employment decisions that are inconsistent with those core values. . . Our stakeholders are very diverse. We serve about 62 percent white, 31 black, and 7 percent other. Our staff reflects the diversity of our stakeholders.
“I have every confidence that justice will prevail in this matter,” Haynes said.
This story was originally published February 17, 2021 at 2:45 PM.
