Compliance Perspective:
Harassment occurs when the unwanted conduct is a condition of employment, utilized for decisions effecting employment (including, but not limited to, promotions, hiring and firing).
A federal district court in Louisiana ruled recently that the hostile working environment claim of a former employee at a dialysis clinic, which was based upon alleged verbal and sexual harassment by clinic patients, was not “severe or pervasive” enough to change the conditions of her employment.
The woman’s employment at the clinic had been terminated October 31, for violating the facility’s policy regarding cell phones and inadequate care of patients. As a consequence to her termination, the woman filed a suit against the clinic alleging that “the clinic had violated Title VII and state law by subjecting her to a hostile work environment, and by suspending and firing her in retaliation for reporting the patient’s sexual harassment.”
The clinic contended that the employee reported the sexual harassment only after a patient complained of her inadequate care regarding the employee’s failure to reset her dialysis machine as required to prevent serious injury. The patient also said that the employee did not have a good attitude when the patient asked for assistance.
The employee’s violation of the clinic’s phone policy involved using her phone on the treatment floor which posed a safety risk. When the supervisor told the employee to “store her phone in her locker,” the employee acted belligerently by slamming her locker. The supervisor called the employee into her office and she was issued a warning.
The court found that the clinic had provided sufficient, nondiscriminatory reasons for terminating the employee.
