How would you define sexual harassment? What is the legal definition?
According to the United States Equal Employment Opportunity Commission, it is illegal to harass a person who is a potential worker or current employee, based on one’ sex. This can include unwanted sexual advances, asking for sexual favors, and/or sexual harassment of a verbal or physical element. However, it is also considered sexual harassment to make offensive comments about women or men. The perpetrator can be a supervisor, an employee, or a customer. While harmless teasing is not against the law, if it becomes a pattern that makes a work environment negative or results in a termination, then it would be defined as sexual harassment .
In general, sexual harassment falls into two categories. This includes Quid Pro Quo and Hostile Work Environment. Quid Pro Quo sexual harassment is “when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises” . To classify as sexual harassment that falls into a Hostile Work Environment, sexual harassment can be demeaning sexual pictures, threats, or jokes. The behavior or actions need to cause an intimidating and offensive workplace atmosphere .
Does the complaint in the scenario fall under the definition of sexual harassment? Why or why not?
When examining the case of the senior doctor, who is making obscene comments and gestures to the nurse in person and through her cell phone, it is noted that the doctor’s actions meet the sexual harassment definition of unwanted physical and verbal sexual advances. The harassment also fits into the Hostile Work Environment category. While the exact words of the cell phone comments are unknown, they are demeaning and are creating an intimidating and hostile work environment . Since the nurse was not threatened by the doctor about losing her job, getting demoted, or not getting a promotion, the sexual harassment does not fall into the Quid Pro Quo category.
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What would be the implications of this complaint, if it is found true, for the senior doctor and the healthcare organization?
If the healthcare organization does not do anything or take any action regarding the sexual harassment, the business and the accused person are both subjected to consequences. At the very least, HR should warn the doctor and give him a 30- day suspension. However, if the investigation that HR conducts reveals some physical and sexual advancements against the employee and finds that the senior doctor has sexual harassed other people, the termination should be the action. The doctor could face fines and jail. The doctor may also be required to get counseling to keep his job, get demoted, be on probation, and/or have the incident listed as a permanent record on his file The company could also face a fine if it does not take the proper actions to report and handle the problem .
While the HR policy on sexual harassment is unknown, the policies of the company should be followed. The majority of businesses have a detailed sexual harassment policy that defines the concept, states the reporting process, and outlines punishments. A company that does not have a policy is a problem that would need to be corrected quickly.
How would you, as an HR manager, address this complaint? What does the law require of HRM in such cases?
As an HR manager, I would talk with the nurse who is making the charge and then take the proper steps to help the nurse file the complaint and report. If the employee wants to file a report, then the HR manager must let her know the process and not threaten the individual for making a report. The report may be made through an Equal Employment Opportunity Office (EEOC) or be made by another method of filing a complaint. It is possible that mediation will be the method of resolving the issues. As an HR person, I would ask the nurse to keep records and to make copies of any important information that is needed .
I would also talk with the senior doctor and explain that a complaint is being made against him. I would require him to sign a statement or report about the situation and would also ask him to list any details or facts. Depending on what the company investigation has uncovered, I would inform the senior doctor of the decided actions, such as suspensions, and have the doctor sign a statement.
In terms of legislation, the U.S. Supreme Court states that employers can use the defense in a court of law in hostile work environment cases by saying that they took some steps to prevent sexual harassment from happening in the first place. The company must also show that it made a valiant effort to fix the harassing behavior. Employers and companies may also get off the hook if they can show in court that the employee did reporting the sexual harassment. The employee has up to six months to report a sexual harassment incident .
Title VII also says that an employer cannot retaliate if an employee files a sexual harassment complaint or fires or make life harder for someone who wants an investigation from the EEOC. While the EEOC may decide to drop the suit or not press charges, employees still have the right to file a sexual harassment charge .
What steps would you take to prevent this kind of situation from recurring?
One of the steps that I would take is to require every employee to retake sexual harassment training. It would be an intensive training that would focus on real life situation and also ask employees to do role plays. At the end of the training, the employees would take a test. Anyone who fails the test needs to retake the test or take extra training to make sure that the employees know what they need.
I may also consider asking another person, who has been sexually harassed in the workplace to come in and share their stories. I would also make it clear that to managers and supervisors that it is not just the responsibility of the employee who is harassed to makes a complaint. Similar to bullying, a person who hears or see sexual harassment can also make a complaint and report the offensive behavior. This is something that many people do not involve themselves in or just ignore. Sexual harassment is everybody’s problem, not just the issue of the victim that is subjected to sexual harassment.
As you can see, sexual harassment is a serious charge and action that can bring severe consequences to the perpetrator and company where the workplace harassment has occurred. It can create a hostile work environment or be classified as a Quid Pro Quo sexual harassment. The law requires the victim to not receive consequences for reporting and filing a sexual harassment charge. The EEOC can bring the case to court, drop the charge, or ask the employer to mediate the case and correct the problem. In the case of the doctor, his harassment fits the hostile work environment category, and should be taken care of swiftly by the HR manager. The HR manager should also make sure that all employees receive the proper training on what constitutes sexual harassment and give the workers example of cases of sexual harassment, how to prevent it, and how to report it. Employees should not have to be subjected to sexual harassment in the workplace. They should be able to do their work in peace and be respected in the workplace.
- Know your rights: workplace sexual harassment. (2017). Retrieved from AAUW.com: http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-harassment/
- Morley, M. (2017). Punishments for workplace harassment. Retrieved from Hearst Newspapers, LLC: http://smallbusiness.chron.com/punishments-workplace-harassment-14063.html
- Sexual harassment . (2016). Retrieved from U.s. Equal Employment Opportunity Commission : https://www.eeoc.gov/laws/types/sexual_harassment.cfm
- What is sexual harassment? (2017). Retrieved from Find Law: http://employment.findlaw.com/employment-discrimination/sexual-harassment-what-is-it.html
