Being Sexually Harrassed

[markymark]

I need some advice. I am a male nurse that graduated in December. the first month or 2 I loved my job. Then the ADON began making comments of a sexual nature to 2 female nurses in front of me. At first I would just leave and try to find something else to do and catch up on my charting later. These comments escalated into her asking me questions about the size of my member and actually asked me to go into the bathroom and measure it and let her know how big it is. This behavior by her made me very uncomfortable and I let her know. She blocked the exit to the clean utility room once and just started saying very nasty stuff to me and also would try to embarass me in front of the 2 other female nurses. I would say that she got angry that after many episodes of this nature, I would not engage her with that type of discussion. This woman also sends Mediaography via her cell phone to several employees including some very young CNAs. Now this woman has pulled me off the hall I was working and given me the worst scheduling/assignments. I finally went to the DON and Adminisrator and lodged a complaint. The admin. and DON called in witnessess who told them it was true and then some. I called the Admin. today and he said that he hadn't spoke to the ADON but that I just needed to show up for work and I cut him off and said that I could no longer work under this woman as my boss. He sounded upset and asked "What do you want me to do, fire her?" I responded that it wasn't my place to answer that but that I think this is their chance to send a clear message that this kind of behavior wont be tolerated. I dont know what to do. If they want to keep her as my boss, should I go over his head? I live in a small town and feel I might have a hard time getting a job after this. I cant believe that they would want someone like this to run the facility. I am no prude but when it is your boss doing this you relly feel helpless. I know if it was me that treated one of my female CNAs this way I woul have been fired the same day. I worked hard in school and now I am wondering if my Nursing career might be ended prematurely. My question is, do I stand up for what is right or do I just give in? I know this woman will retaliate if she remains my boss. Thanks

[*Blessed2BaNRS*]

I am glad that things worked out and this person was let go. It is awful that things like that still happen, but they do.

I was in a similar situation, although not sexual harrassment but witnessing things that were not right at a local school. It was a totally different situation involving children and their teacher, but I ended up putting my job on the line by recording what was going on in the classroom, and while the administration could clearly hear everything that was said and done, they did nothing. They called us in for a meeting all together (there were 4 of us involved) and let the others know that I had recorded them, told them that they had checked with both attorneys inside the school district and outside, and while what I did by recording them was not ethical, IT WAS NOT ILLEGAL. But...did it help any? NOT AT ALL. I ended up resigning 2 months later after seeing one of the assistants in that classsroom hitting a child once again. This is after calling CPS and the police and filing a report.

So, sometimes things work out and unfortunately, sometimes they don't. But, I am glad that things worked out for you. I had read the first couple of pages and saw several posters encouraging you to record, and others cautioning you, so I thought I would add my experience. Laws are different in different states, and while what I did was legal, it ended up not helping one bit. But I would not hesitate to do it again if it came to protecting the children in that classroom.

Best wishes~

[Annebug]

Hello,

I'm a new nurse with a 15 year background in human resources. You are protected by law from retaliation. This is a big topic, and there are lots of online resources.

Here's some info I pulled from the society of human resources management:

Sexual Harassment Toolkit

This toolkit is provided as a resource to help avoid a claim reaching the Equal Employment Opportunity Commission (EEOC). There are a number of provisions that an organization can have in place to minimize the risk of a sexual harassment claim reaching outside of the organization.

Background

The EEOC gives oversight to Title VII of the Civil Rights Act of 1964 which covers sexual harassment as a form of sex discrimination. Employers with 15 or more employees, including state and local governments are obligated to comply with the provision.

Sexual harassment was first recognized as a form of discrimination by the US Supreme Court in the 1986 case of Meritor Savings Bank, FSB v. Vinson, 40 EPD. The bottom line of the violation is discrimination because of sex--that is, members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.

Regulation

PART 1604--GUIDELINES ON DISCRIMINATION BECAUSE OF SEX--Table of Contents

Sec. 1604.11 Sexual harassment.

EEOC Guidance

Policy Guidance on Current Issues of Sexual Harassment

Questions & Answers for Small Employers on Employer Liability for Harassment by Supervisors

Policy Guidance: Employer Liability under Title VII for Sexual Favoritism

Sexual Harassment Statistics

What is sexual harassment?

It is unwelcome conduct.

Two types of sexual harassment are recognized by the law:

1] quid pro quo harassment is unwelcome sexual conduct (advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature) when submission to the conduct is made either explicitly or implicitly a term or condition of a person's employment, or submission to or rejection of the conduct is used as a basis for employment decisions affecting the person.

Although theoretically distinct, the line between the two is not always clear and the two forms of harassment can often occur together. The EEOC believes that when a constructive discharge is due to a hostile environment, the claim also becomes a quid pro quo claim.

2] hostile environment harassment is unwelcome sexual conduct that has the purpose or effect of unreasonably interfering with a person's work performance or creating an intimidating, hostile, or offensive working environment.

Charges filed with the EEOC

Who may file a charge of discrimination with the EEOC?

Anyone who believes that his or her employment rights have been violated because of race, color, sex, religion, national origin, age, disability or because of retaliation may file a charge of discrimination with EEOC. By law, EEOC must accept the filing of a charge.

When can a charge be filed?

In most geographic areas, a charge must be filed with EEOC within 300 days from the date of the alleged discrimination. In a very small number of areas where a state or local employment discrimination law does not apply, a charge must be filed within 180 days

What can I expect to happen in an EEOC investigation?

After a charge is filed, the employer may be asked to provide a statement of position responding to the allegations in the charge. You may also be asked to provide documents or information related to the subject of the EEOC's investigation. Additionally, the EEOC may ask to visit your worksite or to interview some of your employees. Cooperation with EEOC requests for information is helpful to the EEOC in investigating charges. When an employer refuses to provide information, or does not do so in a reasonably timely manner, the EEOC may issue a subpoena. You may retain an attorney to represent you during the EEOC's handling of the charge but you are not required to do so.

The process:

Unsuccessful Conciliation

Charge with reasonable cause determination closed after efforts to conciliate the charge are unsuccessful. Pursuant to Commission policy, the field office will close the charge and review it for litigation consideration. NOTE: Because "reasonable cause" has been found, this is considered a merit resolution.

Some Facts:

* A man can be a victim of sexual harassment.
Steiner v. Showboat Operating Co (9thCir 1994)
* The victim does not have to be the opposite sex of the harasser.
* Someone can claim to be a victim who was not directly harassed.
Abeita v. TransAmerica Mailings, Inc (6thCir 1998)
* A victim does not have to complain to the harasser or report sexual harassment to the employer for the employer to be held liable.
Burlington Industries v. Ellerth (SCt 1998)

* A victim of sexual harassment does not have to suffer a concrete economic injury as a result of the harasser's conduct in order for a sexual claim to be established.
Faragher v. City of Boca Raton (SCt 1998)