Healthcare Compliance Perspective:
Harassment based on specific characteristics is unacceptable conduct for any employee working in healthcare. Healthcare providers can ensure that employees are aware this behavior is not tolerated and the associated consequences by integrating a code of conduct into new hire orientation as well as in-servicing staff on appropriate conduct in the workplace. All allegations of harassment are to be taken seriously, investigated fairly, and promptly handled.
In its first sexual discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) based on sexual orientation, a U.S. District Court has found a pain management and weight-loss healthcare center guilty, and fined them $55,500. The healthcare provider will also be required to report to the EEOC for five years on any future sexual harassment complaints lodged against the provider the agency receives.
The lawsuit was based on claims by a gay male employee that he received “persistent and egregious harassment” because of his sexual orientation, and that he was forced to quit his job because the healthcare center refused to provide protection against further sexual discrimination.
Before going to trial, the EEOC unsuccessfully tried to resolve the lawsuit through its “conciliation process.” The $55,500 awarded in the case included compensatory and punitive damages of $50,000 and backpay of $5,500. Although the EEOC was able to prove that the man was entitled to $125,000 in damages, provisions in the Title VII law limit the amount that can be awarded; so, the damages were reduced to $50,000
