A Florida based medical practice will pay $50,000 and furnish other relief to settle a retaliation discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOCās lawsuit, a nurse reported to her supervisor and to human resources that one of the practiceās doctors inappropriately touched her twice. In response to her complaint, the medical practice, over her objections, transferred the nurse to a different location, causing her personal hardship and resulting in the nurse earning fewer overtime hours. Additionally, the company also prevented her from working on the doctorās patient files.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits retaliating against workers who object to such discrimination The EEOC filed the suit after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the $50,000 in damages, the three-year consent decree settling the suit requires the medical practice to amend its retaliation policy, conduct training on Title VII, provide annual reports to the EEOC, and post an anti-discrimination notice.
The regional attorney for the EEOCās Miami District stated, āMore than half of the charges filed with the EEOC allege retaliation. This lawsuit and its resolution show that the EEOC will stand up to retaliation against employees who come forward to report inappropriate conduct.ā
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information regarding the EEOC and discrimination can be accessed at Home | U.S. Equal Employment Opportunity Commission (eeoc.gov).
Issue:
Participating in a compliant process is a protected activity under all circumstances. Employees should be knowledgeable of what could be considered retaliation and the venues that they can use to report retaliation should they feel they have been a victim themselves or have witnessed it happening to others. Leaders of the facility, including human resource department personnel, must be especially knowledgeable of Title VII of The Civil Rights Act of 1964. Additional information is available in the Med-Net Compliance and Ethics Manual, Chapter 8 Workforce Management, Policy WM 2.9 C: Non-Retaliation and Non-Retribution.
Discussion Points:
- Review your policy and procedures on non-retaliation in the workplace. Update your policy as needed.
- Train all staff on your policy and procedures for non-retaliation in the workplace. Document that the training took place and file each signed document in the employeeās individual education file.
- Periodically audit staff understanding to ensure that they are aware of your non-retaliation in the workplace policy. Ask if they have ever felt as though they have been retaliated against or have witnessed it happening to anyone else. Additionally, audit to ensure staff are aware of how they can report retaliation or other forms of discrimination should they experience it or observe it.
