Sexual harrassment?

[Flamingonurse]

I had a male nurse co-worker who was actively engaging in "sexting" during the shift and showed me a very provocative partially nude female on his cell phone. As the charge nurse on duty I was required to right him up causing him to be placed on 2 week suspension. Fellow collegues, do you think this employee should be able to keep his job?

[FMF Corpsman, MSN, RN]

I'm somewhat astounded by your own over-reaction to the incident. Nursing has been a female dominated field for so long that it is difficult for males to traverse the arena. While I agree that the picture is inappropriate for a work setting, I often sat in the cafeteria while my female counterparts described their nites out, with some of the vulgarist of terms, only for them to lean over and ask me if they were making me uncomfortable, and then continue with their conversation. This went on in the elevator, in the halls, wherever several nurses were congregated, and I’m certain it still occurs, so please, get over your indignation. Do I think he should have been suspended? NO. Do I think he should have lost two week’s pay? Definitely not. Do I think you should be making Charge Nurse decisions, not if they are anything like that one. Next time, simply inform the person that the pictures aren’t appropriate for work

[Wild Irish LPN, LPN]

I have to agree...being the only male nurse on my team I too listen to my peers talk, at length about the men in there lives....and everything that goes with....in a way I feel happy that they feel comfortable sharing and being "real" in front of me, I feel included...it never really bothers me, in fact it has been very educational lol....but, that being said, I would never tell my tales to them....double standard, yep...but it just covers my a** from any of this nonsense....as the Charge Nurse, you should have pulled him aside and said that this is a "no go"....and conversely said the same to all of your nurses....he made a bad judgement call on this issue, but no way should he lose his job, or for that matter be suspended....

[Sun0408, ASN, RN]

I have to agree with the others. Is there more to this story; was he talked to prior?

[Meriwhen, ASN, BSN, MSN, RN]

Unless you are directly involved in the hiring/firing/management of personnel...IMO whether he keeps his job is not your decision to make. You did what you had to do in writing him up and reporting him. Whatever punishment/consequences he will face for his actions will likely come from management and HR.

Whatever happens to him (fired, suspended, counseled, etc.), I hope he learns from his mistake.

[Wild Irish LPN, LPN]

Unless you are directly involved in the hiring/firing of personnel...IMO whether he keeps his job is not your decision to make. You did what you had to do in reporting him. Whatever punishment/consequences he will face for his actions will come from management/HR.

Whatever happens to him (fired, suspended, counseled, etc.), I hope he learns from his mistake.

I get what you are saying, and you are actually "by the book" correct....but, as nurses we should be able to read into situations and use our good nurses gut/judgement....doesn't mean she should have looked the other way, but perhaps used some common sense in confronting her discomfort head on...I would be willing to bet that this approach would have been sufficient....

[HippyDippyLPN]

dear lord I just know want to know where you work where a nurse actually has time to sext or talk about last night's booty call. But I think if this was a first time thing, you should have talked to him about it first. Then if he did it again, report him and let the higher ups deal with it. Sometimes people are a lot more open than they should be, its not sexual harassment, just a matter of learning when to shut up and keep things to yourself.

[Meriwhen, ASN, BSN, MSN, RN]

I get what you are saying, and you are actually "by the book" correct....but, as nurses we should be able to read into situations and use our good nurses gut/judgement....doesn't mean she should have looked the other way, but perhaps used some common sense in confronting her discomfort head on...I would be willing to bet that this approach would have been sufficient....

Not saying she should have looked the other way and/or that I thought she should have handled it differently. I was specifically addressing the OP's question: "Fellow collegues, do you think this employee should be able to keep his job?" Because--and I may be wrong and if so I'll apologize in advance--it seems like the OP is looking for a certain answer from us on this one.

[RNsRWe, ASN, RN]

Might be worth mentioning here that since you were co-workers, with you actually being a step "higher" than him as charge nurse, there has been no sexual harassment by ANY definition. It's not opinion, as you're viewing it....it's a legal term.

Sexual Harassment is a condition in which a manager/supervisor/employer has been found to be discriminating against an "underling" because of sexual favors. Either they have been requested or rebuffed, but to BE sexually harassed an employee must be informed in some way (or suggestion made) that a raise or promotion--or possible demotion or other punishment--depends on some type of sexual favor or response.

This co-worker MAY have created a 'hostile work environment', for which you'd have to sue your EMPLOYER....not the guy whose behavior you didn't like. And that's a hard one to prove and win, since you'd have to show that his behavior created such an impossible environment for you that you couldn't do your job or were afraid for your personal safety. And, of course, such a lawsuit doesn't always get rid of the guy you didn't like....but it definitely makes YOU out of a job. Ready to do that?

[RNsRWe, ASN, RN]

...and now I guess I'll weigh in on the questions asked by the OP:

I believe you overreacted--highly. If I understand the situation correctly, a co-worker showed you a photo of a partially-clad woman and your response is to "write him up"? He lost 2 weeks' worth of pay, and there's even an INKLING that he might lose his job? Severe overreaction.

ALL that had to happen here, upon Joe Nurse showing you this photo, is for you to say "Seriously, dude, totally inappropriate. Lose the photo and NEVER show me that cr@p again, okay?" That's it. Period.

If he persisted, made it a habit then fine, go ahead and complain. But one single incident in which he had no way of knowing you wouldn't find it humorous (or whatever)? Too much, too strong, too fast.

[Whispera, MSN, RN]

Since you're charge nurse, besides telling him he's inappropriate, telling him to stop wasting time he's being paid-for, would have been a good idea. I do think you over-reacted, especially if you didn't talk to him about it before you reported him. That's not following the chain, is it?

I also wonder....has the rule to not have cell phones on the floor, because they can interfere with things, flown out the window?

[Altra, BSN, RN]

Might be worth mentioning here that since you were co-workers, with you actually being a step "higher" than him as charge nurse, there has been no sexual harassment by ANY definition. It's not opinion, as you're viewing it....it's a legal term.

Sexual Harassment is a condition in which a manager/supervisor/employer has been found to be discriminating against an "underling" because of sexual favors. Either they have been requested or rebuffed, but to BE sexually harassed an employee must be informed in some way (or suggestion made) that a raise or promotion--or possible demotion or other punishment--depends on some type of sexual favor or response.

That is not the EEOC's definition of sexual harassment. The harassing party does not have to be a superior to the party being harassed.

Sexual Harassment

"It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer."

[JZ_RN]

How do you "right" someone up? Hahahahaha. I just get such a kick out of people in "charge" positions who do things like mix up words or use words improperly.