Sexual Harassment?

Nurses Relations

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We had an interesting situation on our unit and I would like to get some the opinions from some of you regarding this issue. I work on a 34 bed med surg ortho unit as the charge nurse. We had a CNA on our shift (male from Nigeria) who we LOVED. He was a wonderful employee and very fun to work with. He was always getting thank you cards from patients and families and patients would come up to see him after discharge to let them know how he was doing. His name always came up on our patient satisfaction scores. He was just great to work with.

The one problem that he had was that he was a bit of a flirt. He was a good looking guy and he would flirt with anyone who would flirt back. Most of us just told him to lay off and stop being a pest and he would stop. No problem. Some of the staff in the hospital took him up on his offers and he had quite a rep in the hospital as a guy who got "lucky" with the women. But you know, as long as he was doing it on his own time, I did not care what he was doing.

Well the following situation came up. We had a man in the hospital for a while with a very nasty infected dog bite on his hand. His wife stayed with him at the hospital. He was a real nice man and all the staff felt very friendly toward him and his wife and got to know them well because he was there for about three weeks. The patient and his wife became very close with the CNA in question. He would always stop in and talk with this patient and his family, even if he was not assigned to that area.

One day I come to work and I find out that this CNA is on suspension for investigation of sexual harassment of this patients wife. The allegation was that the CNA was flirting with her in front of her husband but this was not the main issue. The wife stated that the CNA had called her on her cell phone and told her that he was very attracted to her and that he wanted to take her away from her husband. The wife told her husband about this. The husband/patient waited about 4 days before he spoke with anyone about this. The manager and HR got together with the CNA and he stated that she had called him and there had been several calls between the two of them. The CNA said that the wife had asked him for his cell number so she could call him and check on the status of her husband. So they asked him to produce his cell phone records and he was unable to produce them. If they could find evidence that she had called him, he would not have been terminated. We are union and he is filing a grievance but I think the termination is going to stand because of the fact that it involved a family member of a patient and that he got her phone number off the patients chart.

I would be interested to know what you guys think about this. Would you have terminated him for this one incident?

I don't see anything wrong with the kind of sexual harassment accusation against the CNA. How could the CNA know if the wife did not want to be with the CNA without him first asking her? Besides, isn't it easy to get out with the wife while the patient (husband) is in a hospital bed :yeah:? If unwanted "sexual advances" happen when a man calls a girl to ASK if the girl wants to go meet somewhere, then how could the man know before calling that his call to ask the girl to go somewhere would be unwanted? I'm not a psychic either so I would not know either if asking a girl to go somewhere is unwanted without asking. I don't see this as a big deal, I hope that I'll be a nurse manager one day so stuff like this does not happen.

I find it repugnant to approach an obviously married person to scope out romantic possibilities, but if this has to happen, let it take place in a bar or some other social venue. To do something like this while the husband is lying in a hospital bed is a real breach of good sense, good ethics, and trust.

How could the CNA know if the wife did not want to be with the CNA without him first asking her?

This is ludicrous. He's there to do a job, not line up dates. He has no business checking out this possibility for about a dozen reasons.

I might have suspended him pending the investigation, but if he is not cooperating (coming up with the cell phone records), he leaves them no choice but to show him the door. You can't employ people who would exercise such poor judgment and such inconsiderate behavior toward a vulnerable patient.

Specializes in Management, Emergency, Psych, Med Surg.

You know, they did suspend his while the investigation was going on and asked him more than once to bring in his cell phone records but he never did. I think that all of you are correct. He did call her. I was not there with HR when they spoke to this woman and her husband and all the information I have is from the husband (the patient) because he told me. It just bothers me that people can be so stupid. He was WONDERFUL at his job and it has frankly been a big loss to us on the 3-11 shift since he has been gone. He was just chasing women all the time. I never thought in a million years that he would have ever approached a patient or a visitor. I thought he was smarter than that.

First of all......that violates HIPPA, by this CNA giving any information to a family member on the phone or in person about a patient in the hospital, Even if they are friends....The wife should be calling the nurse on his case for information. I think there is more to the story then his co-workers think. We had someone like that at our hospital........he was married......to a nurse in the same unit as him........He was consider a "player" in the hospital....slept with everyone............not saying this CNA was like this guy...............but this guy was good looking, very nice etc. I think if he is telling the truth.....produce the phone records.....He was still in the wrong, no matter how you look at it...........I believe....you should never get involed with any patients,family and co-workers...........Work and your private life should be kept separted. I do this , I don't socialize with any of my co-workers outside of work, I go to work to work...........And I have my own set of friends that I don't work with outside from work. I see too much DRAMA, that others encounter from getting caught up with co-workers, patients etc at work.

I feel bad for the CNA. You said he was an excellent employee. I would suspend him for 3 days, then have a serious talk with him. He is from a different culture (Nigeria ) and there could be some misunderstanding about being available to patient's family. As you said, he had an excellent record before this, and many compliments. If he can provide the phone records, he should be given another chance. (Based on the info the OP gave) Just my :twocents:

A few years ago I had a male CNA from the Philippines. The patients loved him. Then one day we got a complaint. He called all of the older women "Mama". and one women took offense. I had to counsel him. In his country, this was a way to show respect for older women........So he agreed to use the term Maam.

:smokin:

I agree with the above- except that I would suspend the CNA for a week, send him to mandatory sexual- harrassment and professional boundaries training, have him sign documentation saying that he is aware of what is appropriate, what is not, and that he agrees to behave approporiately. The documentation the CNA signs should also state that he is aware that breaking the agreement is grounds for termination.

I agree with the above- except that I would suspend the CNA for a week, send him to mandatory sexual- harrassment and professional boundaries training, have him sign documentation saying that he is aware of what is appropriate, what is not, and that he agrees to behave approporiately. The documentation the CNA signs should also state that he is aware that breaking the agreement is grounds for termination.

One would think, hope in fact, that the harassment and boundaries discussion happened in initial orientation to the organization. If not, I can go along with your position.

But, to me, this just seems like an egregious enough offense that termination is warranted. This wasn't some gray area where reasonable people could disagree on the appropriateness of the conduct.

The CNA's act will very likely place tremendous strain on the marriage of the Pt and wife. That would add difficulty to the Pt's recovery from the condition which hospitalized him. My :twocents: anyway.

I personally think that this was very unprofessional! And i believe it is grounds for termination, no matter what his personality is like and how well he gets along with every one. I agree with above posters when they said the wife and any other family member of the patient should have been directed to the nurses station. I have never heard of a CNA talking to a family member about the status of a patient. How would this person know the patients health status? HE is not licensed, has no education on the "why's" and can not assess. He is not the one giving this patient his medication, who knows about his medical background or has performed any treatments! He is not in a position to tell ANYONE how a patient is doing it is not his place, its the patients nurse or the charge nurse.....am I wrong here? (and i am not even going to mention the fact that he gave her his personal phone number, and that his behavior shouldve been addressed before it came to this-) imagine if this poor patient never returns to seek medical attn when necessary because of this bad experience? MAKES ME SICK!

Specializes in Nursing Professional Development.

His "flirtatiousness" should have been nipped in the bud a long time ago -- included in his official employee evaluations if significant or at least with a documented conversation with the manager.

Assuming that was not done ... I think this situation is significant enough to warrent termination unless he can produce evidence that the wife was the instigator. It is not appropriate to use the hospital setting to scope out possibilities for sexual conquests.

... and anyone who knew that he behaved this way with patients and did not report it should have a guilty conscience, too. We should all be protective of our patients and not support inappropriate behavior on the part of our colleagues.

Specializes in PACU, ED.

It's unethical to date or attempt to date a patient. I agree with the firing and would also report the behavoir to the state board so they can do whatever they need to do to protect his future patients. They might dismiss the compaint, require sexual harrassment and/or professional boundaries classes, suspend or revoke his certification. That would be up to the board and their investigation.

Specializes in Med/Surg.

Of course it would be easy for him to produce his phone records...he won't, because he's in the wrong, plain and simple, and he's lying. Otherwise he would do it!

I don't care how "nice" this guy is, he crossed way too many boundaries that it shouldn't take "training" to know are there. Too bad for him.

Who can feel sorry for him! because he is from a different culture? Now your saying........he's misunderstood! What! In Nigera, they run after married women? LOL He knows the rules.........but, his co-worker said it!.......He's a women chaser"! He got caught! I would terminate him.......he used work as his "playground" I don't care how wonderful of a worker you say he is...he used his charm.......to fool all of you of what he was really all about!

Specializes in Agency, ortho, tele, med surg, icu, er.

I cant stand this at work. At all. That sounds like an episode from ER. I couldnt imagine dating the women I work with, nevermind just random hook ups. I also am very suprised that he was respected no matter how he was with patients with this attitude. Ive worked in this field for over 10 years as either a CNA or as an RN and I cant even imagine the back stabbing and cattyness that would occure if I went around sleeping with all my female coworkers. I cant imagine the drama it would cause, issues involved in taking care of people with these coworkers.

Im suprised that you are here defending this guy.

A hospital is a place to take care of patients, not to act like a rooster among hens.

Specializes in Operating Room Nursing.

I don't care who instigating this, thee CNA should have know better. It sounds like he has some boundary issues and he's a liability to the hospital.

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